Korda
v Australian Executor Trustees (SA) Ltd (HCA) - trusts and trustees
- investment scheme - investors did not hold beneficial interest in companies’
sale proceeds on receipt by companies - appeal allowed |
Chapman
v Colson (NSWSC) – loan agreement – self-represented litigant –
limitation defence – procedural fairness – appeal dismissed |
In
the matter of Anglican Development Fund Diocese of Bathurst Board (recs and
mgrs apptd) (NSWSC) – costs – receivers to have costs of
application to make interim distribution to creditors as costs in receivership
of company |
Broadhead
v Prescott (SASC) – succession – family provision – wise and just
testator - family provision order in favour of children of deceased |
Summaries With Link (Five Minute Read) |
Korda
v Australian Executor Trustees (SA) Ltd
[2015] HCA 6
High Court of Australia
French CJ; Hayne, Kiefel, Gageler &
Keane JJ
Korda v Australian Executor Trustees
(SA) Ltd [2014] VSCA 65
Court of Appeal of Victoria
Maxwell P, Osborn JA & Robson AJA
Trusts - equity - investment scheme -
investors funded commercial enterprise of timber growing and harvesting carried
on by companies - companies went into administration before sale proceeds paid
to trustee to hold for investors - receivers of companies sought leave to
appeal from decision that investors held beneficial interest in balance of
proceeds before they were handed to trustee - Court of Appeal of Victoria held
by majority that parties intended proceeds from harvesting of timber or from
sale of plantation lands to be held on trust for investors on receipt by
companies - held: scheme documentation did not support existence of trust or
trusts over proceeds in hands of companies - proceeds were not subject to an
express trust in favour of the scheme investors - appeal allowed.
Korda
|
Chapman v Colson [2015] NSWSC 120
Supreme
Court of New South Wales
Harrison
AsJ
Loan
agreement – unrepresented litigant – plaintiff was defendant in Local Court
proceedings concerning dispute over loan agreement – plaintiff sought to appeal
from decision of Magistrate – plaintiff contended Magistrate erred by failing
to give reasons for rejecting his reliance on s14(1) Limitation Act 1969 (NSW) as a defence, by failing to identify the
limitation ground as an issue to be determined, by failing to dismiss
proceedings as result of limitation ground – plaintiff also claimed denial of
procedural fairness – held: plaintiff abandoned limitation issue – not incumbent
on Magistrate to identify it in reasons as issue to be determined – no
obligation to dismiss proceeding on basis of limitation issue – no denial of
procedural fairness – plaintiff could not now rely on limitation defence –
appeal dismissed.
Chapman
|
In the matter of Anglican
Development Fund Diocese of Bathurst Board (recs and mgrs apptd) [2015] NSWSC 59
Supreme
Court of New South Wales
Black
J
Costs
– Court granted leave to receivers to make interim distribution to creditors –
receivers sought order that Anglican Property Trust Diocese of Bathurst (APT) pay
their costs incurred from date on which APT informed receivers they were
opposing distribution application – held: APT’s submissions had raised matters relevant
to Court’s decision and which were reflected in Court’s form of orders – APT
was at least a proper party to the application - APT had a degree of success in
application - there was proper basis for APT to identify concern as to issue of
independence - no order as to APT’s costs of application - receivers to have
costs of the application as costs in the receivership of Anglican Development
Fund Diocese of Bathurst Board (ADF).
In
the matter of Anglican Development Fund Diocese of Bathurst Board
|
Broadhead v Prescott [2015] SASC 34
Supreme
Court of South Australia
Dart
J
Succession
– family provision – plaintiffs were deceased’s children – plaintiff made claim
under Inheritance (Family Provision) Act
1972 (SA) – deceased had left whole estate to two other children – ss7, 8
& 14 – wise and just testator – words in the will - held:
Court satisfied that each of the plaintiffs left without adequate provision for
proper maintenance, education or advancement in life – Court satisfied wise and
just testator would have made provision for plaintiffs – provision order made.
Broadhead
|
Sunday
Evening in the Common
By John Hall Wheelock
LOOK—on the topmost branches of the world
The blossoms of the
myriad stars are thick;
Over the huddled rows
of stone and brick,
A few, sad wisps of empty smoke are curled
Like ghosts, languid
and sick.
One breathless moment now the city’s moaning
Fades, and the
endless streets seem vague and dim;
There is no sound
around the whole world’s rim,
Save in the distance a small band is droning
Some desolate old
hymn.
Van Wyck, how often have we been together
When this same moment
made all mysteries clear;
—The infinite stars
that brood above us here,
And the gray city in the soft June weather,
So tawdry and so
dear!
John Hall Wheelock |