Ferella v The
Official Trustee in Bankruptcy (NSWCA) - stay - orders appointing trustees for
sale of properties - no prospects of success on appeal - stay refused
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| Ersh v The Greek
Orthodox Parish and Community of Burwood and District Saint Nectarios Ltd (NSWSC) - contract -
bankruptcy - invalid notice for recovery of loan money - proceedings dismissed |
| Balcomb v Brownlee (NSWSC) - succession
- family provision - settlement agreement subject to Court’s approval -
declaration |
| Gabriele v Gabriele (VSC) - testator’s
family maintenance - testatrix had responsibility to provide for plaintiff -
provision order made |
| Netline Pty Ltd v QAV
Pty Ltd [No 2] (WASC) - contract - ineffectual termination of letting and services
agreement - damages to be assessed |
| Summaries With Link (Five Minute Read) |
Ferella
v The Official Trustee in Bankruptcy
[2015] NSWCA 81
Court of Appeal of New South Wales
Meagher JA
Stay - bankruptcy - dispute between
second appellant and Official Trustee concerning amounts to which Official
Trustee was entitled for administration of bankruptcy - dispute subject of
Federal Court application under s179 Bankruptcy
Act 1966 (Cth) - appellants sought stay of primary judge’s orders
appointing trustees for sale of properties jointly owned by first appellant and
Official Trustee - appellants contended primary judge erred in not exercising
discretion against making order under 66G, or in not deferring consideration of
application, until delivery of judgment in Federal Court proceedings - held:
appellants’ arguments could not stand with concessions made that primary judge
would be justified in making order under s66G and that material before Court
provided basis for making of orders sought - appeal had no realistic prospects
of success - stay refused.
Ferella
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Ersh
v The Greek Orthodox Parish and Community of Burwood and District Saint
Nectarios Ltd
[2015] NSWSC 331
Supreme Court of New South Wales
Bellew J
Contract - bankruptcy - plaintiff sought
to recover money loaned by her to defendant
- plaintiff appealed from Magistrate’s decision in defendant’s favour - plaintiff
had not disclose debt to trustee in bankruptcy - whether notice plaintiff gave
seeking recovery of loan money was valid - held: debt said to be owed by defendant
vested in plaintiff’s trustee upon bankruptcy - plaintiff’s discharge from
bankruptcy did not revest property - plaintiff not in position to give valid
notice seeking repayment of loan because debt was not hers - no error in
Magistrate’s findings - proceedings dismissed.
Ersh
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Balcomb
v Brownlee
[2015] NSWSC 361
Supreme Court of New South Wales
Slattery J
Contract - plaintiff child of deceased
sought family provision order out of time - executors accepted offer to settle
- plaintiff sought to enforce agreement to settle - estate contended any
agreement was subject to Court’s approval and not binding until approval
obtained - contractual interpretation - meaning of full and final settlement in statutory context of Succession Act 2006 (NSW) - s73(1) Civil Procedure Act 2005 (NSW) - held: full and final settlement meant settlement
would exhaust claim and conclude the litigation - words of agreement obliged
plaintiff to approach Court and seek approval of release under s95 Succession
Act - approval not forthcoming plaintiff
was not entitled to agreed funds.
Balcomb
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Gabriele
v Gabriele
[2015] VSC 115
Supreme Court of Victoria
Kaye JA
Testator’s family maintenance - plaintiff and
defendant were testatrix’s sons - sole
asset of estate was testatrix’s interest in home as tenant in common in equal
shares with defendant - testatrix left whole of estate to defendant - plaintiff
claimed provision from estate pursuant
to Pt IV Administration and Probate Act
1958 (Vic) - whether wise and just testatrix would have thought it her
moral duty to make appropriate disposition favour of plaintiff - amount and
extent of financial contribution made by defendant to purchase property -
respective contributions of parties to testatrix’s welfare - plaintiff’s
exclusion from property in period leading to testatrix’s death - held: testatrix had responsibility to make
provision for proper maintenance support of plaintiff - provision order made.
Gabriele
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Netline
Pty Ltd v QAV Pty Ltd [No 2]
[2015] WASC 113
Supreme Court of Western Australia
Beech J
Contract - plaintiffs owned apartment in
complex - defendant manager provided caretaking and letting services to Ascot
Village - owners and manager were parties to agreement for provision of letting
services by manager in respect of apartment - manager purported to terminate agreement
- owners claimed notice of termination was ineffectual and sought specific
performance - held: there was no implied term entitling manager to terminate
agreement on reasonable notice - manager had no right to terminate agreement -
specific performance not granted - damages to be assessed.
Netline
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