| Chen
v Monash University (FCA) – human rights – claims of sex
discrimination and sexual harassment unsustainable – application dismissed |
| In
the matter of Imperium Projects Pty Ltd (NSWSC) - costs -
interlocutory proceedings - derivative action - orders |
| EWC
Payments Pty Ltd v Commonwealth Bank of Australia (VSC)
- security for costs - further security in favour of bank in reduced amount |
| Blakeney
v Blakeney (WASC) - corporations - asset split agreement
- leave granted to bring derivate action on behalf of company |
| Summaries With Link (Five Minute Read) |
Chen v Monash University [2015] FCA 130
Federal
Court of Australia
Tracey
J
Human
rights – sexual discrimination – applicant made claims of sex discrimination
and sexual harassment against University and senior academic staff – s46PO, Pt
IIB Human Rights and Equal Opportunity Act 1986 (Cth) – ss5, 14, 28A, 28B, 94,
105, & 106 Sex Discrimination Act
1984 (Cth) – onus – credit - held: Court lacked jurisdiction to entertain
claims of victimisation because it was a criminal offence - sex discrimination claims
without foundation – some allegations fanciful – each allegation unsustainable
– application dismissed.
Chen
|
In the matter of Imperium
Projects Pty Ltd
[2015] NSWSC 123
Supreme
Court of New South Wales
Black
J
Costs
- interlocutory proceedings - derivative action - Court granted plaintiff leave
to bring derivative proceedings in respect of some but not all matters in
respect of which he sought leave - ss181, 182, 237, 242, 500, 1317E & 1317H
Corporations Act 2001 (Cth) - s98(1) Civil Procedure Act 2005 (NSW) - held: proper
order for costs was that portion of costs of application would be plaintiff’s
costs of substantive proceedings - plaintiff would recover those costs if
derivative proceedings successful - orders made granting leave to bring
derivative action - second and third defendants to pay half of plaintiff’s
costs of application for leave if substantive proceeding successful against
first defendant.
In
the matter of Imperium Projects Pty Ltd
|
EWC Payments Pty Ltd v
Commonwealth Bank of Australia
[2015] VSC 53
Supreme
Court of Victoria
Cameron
J
Security
for costs - bank sought further security for costs in relation to proceedings
brought by first plaintiff pursuant to r62.02 Supreme Court (General Civil Procedure) Rules 2005 (Vic) and s1335 Corporations Act 2001 (Cth) - degree of
overlap in parties’ claims - special circumstances - overlap between previous
order for security for costs and present application - held: discretionary
factors did not shut out bank from a further order for security for its costs
in relation to plaintiff’s principal claim - however sum in bank’s favour very
significantly reduced - plaintiff to provide further security for costs.
EWC
Payments Pty Ltd
|
Blakeney v Blakeney [2015] WASC 73
Supreme
Court of Western Australia
Master
Sanderson
Corporations - derivative action -
plaintiffs were directors and shareholder of company - dispute concerning asset
split agreement - plaintiff sought leave pursuant to s237(1) Corporations Act 2001 (Cth) to bring
action in name of company - held: plaintiff seeking to vindicate rights of
company - Court satisfied plaintiff acting in good faith and that action was in
best interests of company -- there was a serious question to be tried - plaintiff
granted leave to bring derivative proceeding.
Blakeney
|
