| Coffey
Information Pty Ltd v Cullen (FCA) - preliminary
discovery on basis of alleged use of confidential information refused
(I B) |
| Steiner
v Strang (NSWSC) - wills - interim distribution of pecuniary
legacy to beneficiary of estate refused
(B) |
| Greenhills
Securities Pty Ltd v Loire Consultants Pty Ltd (NSWSC)
- corporations - statutory demands - genuine disputes - defects causing
substantial injustice - demands set aside
(B) |
| Swindells
v Victoria (VSC) - employment contract - misleading and
deceptive conduct - no unlawful appointment and removal of mining warden -
claim dismissed
(I B G) |
| COFP
Pty Ltd v Dhanush Infotech Pty Ltd (QCA) - summary judgment -
no evidence of existence of contract between parties - appeal dismissed
(B) |
| Baldwin
v Icon Energy Ltd (QSC) - pleadings - contract - claim for
breach of memorandum of understanding struck out
(I B C) |
| Australia
and New Zealand Banking Group Ltd v Manasseh (WASC) - bank’s claim
for amount owing under guarantee dismissed
(I B C) |
| Summaries With Link (Five Minute Read) |
Coffey
Information Pty Ltd v Cullen
[2015] FCA 28
Federal Court of Australia
Farrell J
Preliminary discovery - prospective
applicant sought order for discovery against prospective respondents on basis
of alleged use of confidential information by departing employees - r7.23 Federal Court Rules 2011 (Cth) -
reasonable belief of right to obtain relief - reasonableness of enquiries -
conduct relied upon - sufficiency of information to start proceedings - held:
necessary for Court to consider position of each individual respondent -
applicant had used proceedings as an alternative to enquiries which were
necessary to satisfy requirements of r7.23 - applicant did not satisfy
requirements of r7.23 - application dismissed.
Coffey
Information Pty Ltd (I B) |
Steiner v Strang [2015] NSWSC 14
Supreme
Court of New South Wales
Ball
J
Wills
- plaintiff beneficiary of deceased mother’s estate sought pursuant to s84 Probate and Administration Act 1898 (NSW)
that defendant executors make further distributions of plaintiff’s pecuniary
legacy - effect of unresolved Court proceedings on potential size of estate -
unquantified liabilities of estate - held: prudent for executors to retain
balance of pecuniary legacy payable to plaintiff until remaining court
proceedings resolved and precise liabilities of estate could be determined -
interim distribution refused.
Steiner (B) |
Greenhills Securities Pty
Ltd v Loire Consultants Pty Ltd
[2015] NSWSC 13
Supreme
Court of New South Wales
Ball
J
Corporations
- winding up - plaintiff sought orders setting aside three statutory demands -
defendants conceded that one statutory demand should be set aside - ss459G
& 459H Corporations Act 2001
(Cth) - plaintiff sought to set aside remaining demands on basis there was
genuine dispute as to existence of debt - single application in respect of
multiple demands - service - defects in originating process - held: there was
genuine dispute in relation to one demand - other demand was defective causing substantial
injustice and there was also a genuine dispute in relation to it - both demands
set aside.
Greenhills
Securities Pty Ltd (B) |
Swindells v Victoria [2015] VSC 19
Supreme
Court of Victoria
Macaulay
J
Employment
contract - misleading and deceptive conduct - plaintiff alleged he was
unlawfully appointed to and removed from office of mining warden by State and
Minister - plaintiff claimed damages for loss of salary and entitlements under employment
contract, loss of earning capacity, reputational harm and emotional distress -
s13 Fair Trading Act 1999 (Vic) -
held: State and Minister did not contravene s13 when appointing plaintiff - in
removing plaintiff State and Minister did not repudiate or breach any term of employment
contract, deny him procedural fairness, act for an improper purpose or with
apprehended bias - claim dismissed.
Swindells (I B G) |
COFP Pty Ltd v Dhanush
Infotech Pty Ltd
[2015] QCA 1
Court
of Appeal of Queensland
Holmes.
Fraser & Morrison JJ
Summary
judgment - contract - appellant sued respondent for money owed for services and
damages for breach of contract - respondent contended agreement was made with
another company - respondent obtained summary judgment - held: complete absence
of evidence on which Court could objectively conclude agreement existed between
appellant and respondent - further evidence which appellant’s director sought
to adduce did not advance matters for appellant - leave to adduce evidence
refused - appellant had no prospect of succeeding in action against respondent
- trial would have been fruitless -
primary judge did not err in giving summary judgment for respondent under r293(2)
Uniform Civil Procedure Rules 1999
(Qld) - appeal dismissed.
COFP
Pty Ltd (B) |
Baldwin v Icon Energy Ltd [2015] QSC 12
Supreme
Court of Queensland
P
McMurdo J
Pleadings
- contract - parties entered memorandum of understanding (MOU) to the end of
entering into gas supply agreement - no gas supply agreement concluded -
plaintiff sued defendants, claiming they did not negotiate as they promised in
MOU - defendants sought to strike out statement of claim on basis it disclosed
no reasonable cause of action or was otherwise an abuse of process - rr171(1)(a) & 171(1)(e) Uniform Civil Procedure Rules 1999 (Qld)
- held: promises within clauses of MOU were
uncertain and unenforceable - promises within one clause taken alone were
enforceable - open to plaintiff to make claim for damages for breach of terms
in that clause but plaintiff had made no distinct claim - claim for loss and
damage deficiently pleaded - statement of claim struck out.
Baldwin (I B C) |
Australia and New Zealand
Banking Group Ltd v Manasseh
[2015] WASC 34
Supreme
Court of Western Australia
McKechnie
J
Contract
- guarantee - defendant’s husband borrowed money on behalf of company from bank
- defendant provided guarantee secured by mortgage - bank contended guarantee continued
for subsequent credit contracts offered or made to company - bank sued on one
of the subsequent contracts (November 2009 credit contract) - defendant claimed
liability came to an end on termination date of extension to guarantee to which
she had agreed - defendant did not agree to guarantee November 2009 credit
contract - held: no misleading or deceptive conduct by bank - defendant’s obligation
could only end when company had performed all of its obligations to bank and
discharged its liability in full - however November 2009 credit contract was in substance a
replacement agreement which adversely affected defendant’s liability under guarantee
- defendant would only become liable if she consented or entered into new
guarantee - bank’s claims under guarantee and mortgage dismissed.
Australia
and New Zealand Banking Group Ltd (I B C) |
