A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Insurance, Banking, Construction & Government
Thursday, 15 January 2015
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Executive Summary (One Minute Read)
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Nominal
Defendant v Ismail (NSWCA) - negligence - motor
vehicle accident - inadmissible evidence - retrial on liability (I)
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Shaw
v Yarranova Pty Ltd
[2014] FCAFC 171
Full Court of the Federal
Court of Australia
Bennett, Flick & Yates
JJ
Bankruptcy - respondent as
nominee for company (MAB) sold apartment to appellant - respondent assigned
benefit of contract to another company - appellant failed to pay balance of
purchase price - appellant’s claim for specific performance of contract dismissed
- judgment entered in favour of respondent and MAB (‘judgment creditors’) -
appellant contended judgment creditors suffered no loss or damage - appellant
contended judgment creditors falsely represented they were part of group of
companies owned by MAB and that they committed a “fraud” by falsely
representing they had been held out of funds and unable to invest money -
judgment creditors served bankruptcy notice on appellant - appellant appealed
against sequestration order - ss43, 52 & 153B Bankruptcy Act 1966 (Cth) - absence of evidence of fraud - refusal
to go behind judgment - refusal of disqualification application - held: grounds
of appeal not made out - application to adduce further evidence dismissed -
appeal dismissed.
Shaw (B)
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