| Virtu Fast Ferries Ltd v The Ship "Cape Leveque" (FCAFC) - admiralty - vessel was not a ‘ship’ under Admiralty Act 1988 (Cth) - writ ‘in rem’ against alleged surrogate ship dismissed |
| Minister for Resources and Energy v Gold and Copper Resources Pty Ltd (NSWCA) - administrative law - renewal of mining exploration licence - abuse of process - Minister not required to provide respondent with copy of decision and statement of reasons - appeal allowed |
| Civil & Allied Technical Construction Pty Ltd v A1 Quality Concrete Tanks Pty Ltd (VSCA) - contract - binding agreement for construction of tanks - appeal dismissed |
| D’Aquino (as trustee of the D’Aquino Endowment Trust) v Trovatello (VSCA) - summary judgment - limitation of actions - open to applicants to plead claim in nuisance - appeal allowed |
| Summaries With Link (Five Minute Read) |
Virtu Fast Ferries Ltd v The Ship "Cape Leveque" [2015] FCAFC 58
Full Court of the Federal Court of Australia
Allsop CJ, Mansfield & McKerracher JJ
Admiralty - appellant owned ship (Jean de la Vallette) built for it by second respondent constructor (Austal) - appellant filed writ ‘in rem’ against ship (Cape Leveque) under construction at Austal’s shipyard - Cape Leveque was said to be surrogate for Jean de la Vallette - appellant’s primary claim was general maritime claim under s4(3)(n) Admiralty Act 1988 (Cth) (the Act) in respect of construction of Jean de la Vallette against Austal - appellant challenged conclusion of primary judge that at time of issue of writ Commonwealth owned Cape Leveque for purposes of s19(b) and Austal was not owner - appellant also challenged conclusion ship was a government ship for the purposes of s8(2) - whether Cape Leveque properly sued as surrogate ship - held: allegations concerned design and construction of a vessel, during which period vessel was not a ‘ship’ for purposes of definition of ‘ship’ in s3 or for purposes of s19 - appellant had no reasonable prospects of success of making out assertions relevant to s19 - conclusion sufficient to dispose of appeal - appeal dismissed.
Virtu
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Minister for Resources and Energy v Gold and Copper Resources Pty Ltd [2015] NSWCA 113
Court of Appeal of New South Wales
Ward JA, Bergin CJ in Eq & Sackville AJA
Administrative law - first respondent challenged validity of Minister’s decision to renew mining exploration licence - primary Judge struck out paragraphs in summons which contained only ground for challenging validity of renewal due to issue estoppel or Anshun estoppel arising out of previous proceedings - Minister appealed against primary judge’s order that Minister provide first respondent with copy of 2014 renewal decision and statement of reasons for making decision pursuant to r59 Uniform Civil Procedure Rules 2005 (NSW) - proper construction of rr13.4(1), 59.9(1) & 59.9 - held: not proper exercise of discretion to order decision-maker to provide statement of reasons where only ground for relief relied on was abuse of process and no application made or foreshadowed to amend summons - primary judge erred in declining to dismiss proceedings as they were abuse of process and first respondent did not make or foreshadow application to amend summons - appeal allowed.
Minister
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Civil & Allied Technical Construction Pty Ltd v A1 Quality Concrete Tanks Pty Ltd [2015] VSCA 75
Court of Appeal of Victoria
Santamaria, Kyrou & Ferguson JJA
Contract - appellant was one of two head contractors for upgrade of waste water treatment plant - works entailed construction of two concrete clarifier tanks - works were to be subcontracted - appellant appealed against decision in which primary judge found there was binding subcontract between parties arising out of a counter-offer contained in email and subsequent conduct of parties - appellant contended there was no intention to enter into contractual relations - appellant also contended there was insufficient evidence to conclude that respondent, by its conduct, accepted counteroffer and that acceptance was communicated to appellant - held: no error in primary judge’s conclusion that there was binding agreement for construction of the tanks - appeal dismissed.
Civil
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D’Aquino (as trustee of the D’Aquino Endowment Trust) v Trovatello [2015] VSCA 78
Court of Appeal of Victoria
Warren CJ; Ashley & McLeish JJA
Summary judgment - nuisance - limitation of actions - dispute concerning concrete slab cast on land which encroached over boundary of adjoining land - owners of adjoining land observed damage to factory situated on land close to common boundary - owners claimed damages against defendants for trespass, nuisance and negligence - County Court summarily dismissed proceeding on ground applicants had no real prospects of success by reason of Limitation of Actions Act 1958 - no reasonable prospect - s63 Civil Procedure Act 2010 - held: respondents did not discharge onus to establish applicants had no real prospect of success of making out cause of action in nuisance - legally open to applicants to plead claim in nuisance and seek to recover damages - appeal allowed
D’Aquino
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