| Douglas
v Simons Builders Pty Ltd (VSC) - contract for sale of land - vendor
entitled to summary judgment and possession of land |
| Hamcor
Pty Ltd v State of Qld (No 2) (QSC) - costs - unreasonable rejection of
Calderbank offer - indemnity costs awarded |
| Summaries With Link (Five Minute Read) |
Douglas v Simons Builders Pty
Ltd
[2015] VSC 118
Supreme
Court of Victoria
Derham
AsJ
Summary
judgment - contract for sale of land - first defendant was vendor and plaintiff
was purchaser under contract for sale of land occupied by plaintiff under
licence agreement - defendants sought to dismiss plaintiff’s proceeding and summary
judgment on counterclaim - whether delivery of promissory note by purchaser for
balance of deposit was payment in accordance with contract - held: delivery of promissory
note not effective as payment of the balance of deposit under contract - notice
of default and rescission given by vendor had operated to terminate contract.-
in any event vendor entitled to possession because licence agreement had been
validly revoked – vendor entitled to relief sought.
Douglas
|
Hamcor Pty Ltd v State of Qld
(No 2)
[2015] QSC 69
Supreme
Court of Queensland
Dalton
J
Indemnity
costs - Calderbank offer - second and third defendants were plaintiffs’
insurance brokers - insurance brokers wholly successful against plaintiffs at
trial - insurance brokers sought costs of proceedings - uncontroversial that
insurance brokers should have costs - whether part of costs should be paid on
an indemnity basis - held: plaintiffs had no worthwhile prospects of success -
plaintiffs’ refusal to accept Calderbank offer was unreasonable - insurance
brokers to have costs on indemnity basis from date of expiry of Calderbank
letter.
Hamcor
|
A Gift
by Leonora Speyer
I Woke: —
Night, lingering, poured upon the world
Of drowsy hill and wood and lake
Her moon-song,
And the breeze accompanied with hushed fingers
On the birches.
Gently the dawn held out to me
A golden handful of bird’s-notes.
LeonoraSpeyer
|
