| Wilmink v Westpac Banking Corporation (FCAFC) – loan
statement incapable of being converted into a bill of exchange – claim against
bank failed (I B) |
| Atkinson
v Commissioner of Taxation (FCAFC) - taxation - statement of
account incapable of conversion to a bill of exchange - appeal dismissed (B G) |
| Griffin
Energy Group Pty Limited (Subject to DOCA) v ICICI Bank Ltd (Singapore Branch) (NSWSC)
– standby letters of credit – sale agreement - conditions to enable vendor to
demand payment could not be met (I B C) |
| Bonifacio
v NSW Trustee and Guardian acting as executor of the Estate of the late Woitala
(NSWSC)
– limitations – causes of action arising from fraudulent transfer of property
statute-barred (I B) |
| O’Brien
v Hall (VSC) - testator’s family maintenance claim - no grant of
representation in Victoria - Court had no jurisdiction - claim
dismissed (B) |
| Majet
v Goggin & Miller as Trustees of the Bankrupt Estate of Brett-Hall (QSC)
– contract – conveyancing – bankruptcy – sellers entitled to return of deposit
under contract for sale of land which did not complete (I B) |
| Swick
Nominees Pty Ltd v Leroi International Inc [No 2] (WASCA)
– product liability – multiple failures of air compressor unit – no breach of
duty by manufacturer (I B) |
| Connaughton
v Pacific Rail Engineering Pty Ltd (NSWDC) - tree fell on
truck - Motor Accidents Compensation Act
1999 (NSW) - statutory interpretation - blameless
accident - causation - verdict for plaintiff (I) |
| Summaries With Link (Five Minute Read) |
Wilmink v Westpac Banking Corporation [2015] FCAFC 17
Full Court of the Federal Court of Australia
Foster, Yates & Gleeson JJ
Bills of exchange - appellants claimed damages
against bank based on alleged default by bank under purported bill of exchange
- primary judge concluded purported bill of exchange was not a bill within
meaning of Bills of Exchange Act 1909 (Vic) – appellants contended
primary judge erred in finding that a loan statement was incapable of
conversion to a bill of exchange in s25 – appellants also claimed primary judge
denied them procedural fairness by hearing proceeding on the papers – held:
loan statement did not satisfy requirement under s25 of a simple
signature on a blank stamped paper – loan statement not a document capable
of being converted into bill of exchange – no denial of procedural fairness in
delivering judgment without oral hearing – appeal dismissed.
Wilmink (I B)
[From Benchmark 26 February 2015] |
Atkinson
v Commissioner of Taxation
[2015] FCAFC 18
Full Court of the Federal Court of
Australia
Foster, Yates & Gleeson JJ
Bills of exchange - Commissioner
commenced debt recovery proceedings against first appellant - ATO sent first
appellant statement of account in respect of income tax debt - ATO received
purported bill of exchange from first appellant - purported bill comprised
documents including statement of account to which alterations and additions
were made - primary judge ordered proceedings be dealt with without oral
hearing on basis they were frivolous or vexatious and dismissed appellants’
claim against Commissioner - whether converted statement of account constituted
bill of exchange - held: receipt of statement of account did not confer any
authority upon first appellant to “fill up” statement of account so that it
became completed bill of exchange, or to impose liability upon Commissioner to
pay damages - statement of account did not answer description in s25 Bills of Exchange Act 1909 (Cth) - no
denial of procedural fairness - appeal dismissed
Atkinson (B G)
[From Benchmark 27 February 2015] |
Griffin
Energy Group Pty Limited (Subject to DOCA) v ICICI Bank Ltd (Singapore Branch) [2015] NSWSC 87
Supreme Court of New South Wales
Hammerschlag J
Standby letters of credit – dispute
concerning operation of three standby letters of credit issued on 28/2/11 –
each letter of credit had maximum liability of $50 million and on its face was
to expire on 1/3/15 – letters of credit issued to secure final instalment under
sale agreement for sale of shares in companies – sale shares represented
underlying interest in coal mine – whether conditions to enable plaintiff to
demand payment under letters of credit could be met - International Standby
Practices (ISP98) - provision for extension of date for timely presentation
where last day for presentation not a business day – requirement of declaration
that amount due and payable and delivery of drafts - held: letters of credit
not capable of being security for payment of last instalment – summons
dismissed.
Griffin
Energy Group Pty Limited (I B C)
[From Benchmark 26 February 2015] |
Bonifacio
v NSW Trustee and Guardian acting as executor of the Estate of the late Woitala [2015] NSWSC 124
Supreme Court of New South Wales
Darke J
Limitation of actions - plaintiffs
sought declaration executor of deceased’s estate held half interest in property
on constructive trust for them - plaintiffs alleged constructive trust arose in
1995 when deceased fraudulently registered transfer to himself of plaintiffs’
interest in property - executor accepted transfer was fraudulent, but claimed causes
of action statute-barred - common ground that plaintiffs became aware of fraud at
least by February 1998 - proceedings not commenced until December 2013 – when
cause of action accrued – adverse possession - held: deceased in adverse
possession of property at least from the end of 1998 - cause of action to
recover land had accrued by end of 1998 - plaintiffs had discovered fraud by
that date - twelve year limitation period in s27(2) would have expired by end
of 2010 - in relation to cause of action to recover trust property, limitation
period in s47(1) also commenced by end of 1998 and expired by end of 2010 -
actions statute-barred.
Bonifacio (I B)
[From Benchmark 3 March 2015] |
O’Brien v Hall [2015] VSC 52
Supreme
Court of Victoria
Derham
AsJ
Testator’s
family maintenance - daughter of deceased from his first marriage sought order for
maintenance on basis Will failed to
make such provision - there was no grant of probate of deceased’s Will in
Victoria - grant of probate was in United Kingdom - defendant second wife of
deceased was executrix and universal beneficiary - defendant sought order
dismissing proceeding and judgment on basis originating motion did not disclose
a cause of action, or summary judgment on basis claim had no real prospect of
success - held: Court had no jurisdiction in relation to application until
there was grant of representation in Victoria - implicit in s91 Administration and Probate Act 1958 (Vic)
that there must be grant of representation for there to be jurisdiction in
Court to entertain application - appropriate to dismiss proceeding and leave
plaintiff to pursue rights to compel defendant to obtain grant of
representation in Victoria.
O’Brien (B)
[From Benchmark 2 March 2015] |
Majet
v Goggin & Miller as Trustees of the Bankrupt Estate of Brett-Hall [2015] QSC 38
Supreme Court of Queensland
Henry J
Contract – conveyancing – bankruptcy - cross-applications
concerning fate of deposit paid under contract for sale of land that did not
complete – sellers sought order that the deposit be paid to their solicitor –
trustees of buyer’s bankrupt estate sought order that deposit be paid to their
solicitors - impact of bankruptcy trustee’s disclaimer pursuant to s133(2) Bankruptcy Act 1966 (Cth) on rights,
interests and liabilities of parties to contract – held: contract specifically
preserved to seller a right in respect of deposit - entitlement or right was
preserved by proviso to s133(2) so that it was unaffected by disclaimer –
sellers entitled to deposit pursuant to contract.
Majet (I B)
[From Benchmark 3 March 2015] |
Swick
Nominees Pty Ltd v Leroi International Inc [No 2] [2015] WASCA 35
Court of Appeal of Western Australia
Buss & Murphy JJA; Edelman J
Negligence – product liability –
contract - action for damages against respondents in connection with
appellant’s purchase by of air compressor unit - trial judge dismissed claim
against manufacturer and allowed claim against supplier – appellant contended
primary judge erred in dismissing claim against manufacturer and in assessment
of quantum of damages – multiple failures of complex machinery - fitness for
purpose – pure economic loss – whether trial judge should have found manufacturer
breached duty of care - res ipsa loquitur
– proof of negligence - held: trial judge correct to find no breach of duty
by manufacturer – no issue of quantification of damages in relation to
manufacturer – no error in assessment of damages for breach of contract by
supplier – appeals dismissed.
Swick
Nominees Pty Ltd (I B)
[From Benchmark 3 March 2015] |
Connaughton v Pacific Rail
Engineering Pty Ltd,
NSWDC, 12 February 2015
District
Court of New South Wales
Norton
SC DCJ
Plaintiff
injured when his truck collided with a fallen or falling tree – trial on liability
and whether the accident was a blameless
accident - s7A Motor
Accidents Compensation Act 1999 (NSW) - held: the tree fell on the truck as
the plaintiff was driving it; the plaintiff did not drive the truck into a
fallen tree - in statutory interpretation, legislative
intention is the intention to be inferred from the words actually used in
the statute, not the subjective intention of members of the legislature that
passed the statute - s3A Motor Accidents
Compensation Act does not apply
to blameless accidents - as there was
no negligence or other tort by the plaintiff or the truck’s owner, the accident
was a blameless accident - even under
the extended definition of causation in s7E, the plaintiff did not cause the
accident - verdict for plaintiff – damages to be assessed.
Connaughton (I)
[From Benchmark 2 March 2015] |
