| State of NSW v McCarthy (NSWCA) - trespass - police officers’ entry of premises occupied by respondent was lawful - appeal allowed (I) |
| Secure Funding Pty Ltd (formerly known as Liberty Funding Pty Ltd) v Egan (NSWSC) - real property - possession - stay of execution of judgment refused (B) |
| Commonwealth Bank of Australia v ACN 076 848 112 Pty Ltd (NSWSC) - corporations - voluntary administration - leave to proceed against company - access to documents relating to company’s insurance arrangements refused (I B) |
| Westpac Banking Corporation v ZH International Pty Ltd (No. 2) (NSWSC) - costs - possession - unreasonable rejection of offer - indemnity costs awarded to bank (B) |
| James v Maxwell (QSC) - negligence - motorcyclist injured in collision with motor vehicle on bend in dirt road - driver of motor vehicle and insurer liable (I) |
| Hodgson v Rio Tinto Aluminium Ltd (QSC) - workers compensation - declaration in relation to entitlement to seek damages for workplace injury refused (I C) |
| Maynard v The Estate of Maynard (QSC) - Wills and estates - succession - evidence husband died while surfing - presumption of death had not yet arisen - wife at liberty to swear to death of husband (B) |
| Summaries With Link (Five Minute Read) |
State of NSW v McCarthy [2015] NSWCA 153
Court of Appeal of New South Wales
Meagher & Gleeson JJA
Trespass - primary judge held appellant liable for damages for trespass to land when four police officers entered premises occupied by respondent - Court granted leave to appeal - ss9, 10 & 201 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) - whether primary judge erred in failing to find officers satisfied requirements in ss9 or 10 relating to exercise of power to enter - whether primary judge should have held that officers’ entry unlawful because of failure to provide information required by s201 after exercising power - held: entry of each of the officers was lawfully authorised under ss9 or 10 - s201(2)(b) expressly provided that in case like present information in s201 must be provided after exercise of power - lawfulness of exercise not contingent on subsequent provision of information where information could not reasonably have been provided earlier - notice of contention rejected - appeal allowed.
State (I)
|
Secure Funding Pty Ltd (formerly known as Liberty Funding Pty Ltd) v Egan [2015] NSWSC 669
Supreme Court of New South Wales
Davies J
Real property - possession - proceedings arising out of claim for possession and claim for debt - second defendant sought stay of execution of judgment in plaintiff’s favour - second defendant submitted that lawyers acting for her during trial did not lead all appropriate evidence to claim contract should be varied or set aside under Contracts Review Act 1980 - held: no real information about basis of appeal and likelihood of success - second defendant had used part of loan to refinance earlier mortgage - no offer to pay or secure that amount let alone amount outstanding to plaintiff - stay of execution of the writ of possession refused.
Secure (B)
|
Commonwealth Bank of Australia v ACN 076 848 112 Pty Ltd [2015] NSWSC 666
Supreme Court of New South Wales
Ball J
Corporations - bank sought and was granted leave under s444E(3) Corporations Act 2001 (Cth) to proceed against first defendant subject of deed of company arrangement - bank also sought access to documents disclosing details of first defendant’s professional indemnity insurance - bank had also served notice to produce and subpoena seeking access to the documents - first defendant sought to set aside notice - ss56-61 Civil Procedure Act 2005 - held: production of documents relating to first defendant’s insurance arrangements not justified by modern case management principles - not in interests of justice for insurance policies to be disclosed - notice set aside - balance of amended notice of motion dismissed.
Commonwealth (I B)
|
Westpac Banking Corporation v ZH International Pty Ltd (No. 2) [2015] NSWSC 679
Supreme Court of New South Wales
Adamson J
Costs - indemnity costs - bank succeeded in claim for possession - bank sought costs on indemnity basis as a result of two offers - s98 Civil Procedure Act 2005 - s131 Evidence Act 1995 - held: first “walk away” offer did not contain requisite degree of compromise in circumstances - evidence of settlement negotiations in relation to second offer rejected - unreasonable for defendants to reject second offer - indemnity costs awarded.
Westpac (B)
|
James v Maxwell [2015] QSC 149
Supreme Court of Queensland
Henry J
Negligence - motorcyclist sought damages for injuries to leg in collision on bend in dirt road with motor vehicle driven by first defendant - held: evidence compelled inference that first defendant was travelling too fast to manoeuvre vehicle around bend without encroaching into path of oncoming traffic - collision was entirely due to first defendant’s negligent driving - no contributory negligence - second defendant insurer also liable in respect of damages - judgment for motorcyclist.
James (I)
|
Hodgson v Rio Tinto Aluminium Ltd [2015] QSC 93
Supreme Court of Queensland
Boddice J
Workers compensation - applicant sought declaratory relief in relation to entitlement to seek damages workplace injury - whether applicant had applied for compensation under Workers Compensation and Rehabilitation Act 2003 in respect of injury and if so whether second respondent made decision in relation to application or otherwise complied with statutory obligations - ss132, s 134, s 237, s 392, s 542 & 586 Worker’s Compensation and Rehabilitation Act 2003 - held: applicant had applied for compensation - applicant not entitled to declaration sought - second respondent did not make decision on application within time period specified by Act, but applicant subsequently notified of decision when provided with copy of letter - even if letter’s reasons did not comply with Regulations, time commenced to run in respect of statutory right of review - applicant not entitled to the declarations in the alternative - application dismissed.
Hodgson (I C)
|
Maynard v The Estate of Maynard [2015] QSC 144
Supreme Court of Queensland
Atkinson J
Wills and estates - succession - circumstances in which Court able to make finding person deceased and allow widow to swear to his death - applicant’s husband travelled to Bali and checked into his accommodation but never checked out and was not seen again after he left accommodation to go surfing - fragment of surfboard was recovered by a local dive master that day - husband’s body not found - there was evidence husband died while surfing - seven years had not expired so as to give rise to presumption of death - held: in all circumstances Court satisfied applicant should be at liberty to swear to the death of deceased - Court also satisfied grant of letters of administration upon intestacy should be made to applicant for his estate
Maynard (B)
|
