| Lavin
v Toppi (HCA) - guarantee - sureties entitled to recover
contribution from co-sureties despite creditor’s covenant not to sue
co-sureties - appeal dismissed
|
| Sydney
Night Patrol & Inc Co v Absolom (NSWSC) - worker’s
compensation - jurisdictional error by Medical Appeal Panel - decision quashed
|
| Falkingham
v Peninsula Kingswood Country Golf Club (VSCA) - corporations -
oppressive conduct - laches - acquiescence - delay - appeal dismissed
|
| Di
Paolo v Salta Constructions Pty Ltd (VSC) - choice of law -
workplace injury - limitations - uniform cross-border compensation legislation
|
| James
as Administrator of ZYL LTD (WASC) - corporations -
resolution appointing administrator without statutory minimum number of
directors - appointment confirmed
|
| Stewart
v Ackland (ACTCA) - negligence - student injured performing
backward somersault on jumping pillow on farm –
occupiers of farm who conducted amusement park business liable - appeal
dismissed
|
| Summaries With Link (Five Minute Read) |
Lavin
v Toppi
[2015] HCA 4
High Court of Australia
French CJ; Kiefel, Bell, Gageler &
Keane JJ
Guarantee - contribution in equity - bank
consolidated loans into loan to company - parties were guarantors of loan -
bank made demands on guarantors - demand not met - bank sued guarantors -
appellants and bank entered deed of release and settlement - bank covenanted not to sue appellants if
first appellant paid minor portion of debt - first appellant paid portion - respondents
paid remaining debt - respondents claimed contribution from appellants in
respect of payment in excess of their proportionate share of debt - coordinate
liabilities - held: Court of Appeal of New South Wales correct to hold bank’s
covenant not to sue did not extinguish appellants’ liability under guarantee -
respondents’ entitlement in equity to contribution from time parties were
called upon to satisfy guarantee could not be defeated by bank giving appellants
covenant - appeal dismissed.
Lavin
|
Sydney Night Patrol &
Inc Co v Absolom
[2015] NSWSC 60
Supreme
Court of New South Wales
Harrison
AsJ
Workers
compensation - plaintiff sought judicial review of decision of Medical Appeal
Panel due to its failure to convene open oral assessment hearing - plaintiff
sought to quash decision on basis Appeal Panel failed to take into account a
matter it was required to take into account when determining not to hold
hearing on erroneous understanding that parties consented to matter being
determined on the papers - held: Appeal Panel failed to take into account
mandatory consideration whether or not to conduct hearing where party could
make oral submissions - jurisdictional error established - decision quashed.
Sydney
Night Patrol & Inc Co
|
Falkingham v Peninsula
Kingswood Country Golf Club
[2015] VSCA 16
Court
of Appeal of Victoria
Warren
CJ; Whelan & Beach JJA
Corporations
- oppression - members of golf club passed ordinary resolution directing and
empowering board of directors to give effect to merger of their club with
another club - appellant member of golf club sought relief and declarations under
oppression provisions of Corporations Act
2001 (Cth) - trial judge found board exercised its power to admit new
members for purpose other than that for which power had been conferred and that
the conduct was oppressive - Court however refused relief and dismissed
proceeding because of laches, acquiescence and delay - ss232 & 233 - held: parties
accepted that decision on laches, acquiescence and delay was a discretionary
judgment - appellant failed to establish error to overturn judgment - trial
judge correct in finding board exercised its power for purpose other than that
for which it was conferred by the Constitution - appeal dismissed.
Falkingham
|
Di Paolo v Salta
Constructions Pty Ltd
[2015] VSC 31
Supreme
Court of Victoria
Ginnane
J
Choice
of law - limitations - plaintiff sued defendants for workplace injuries
sustained in Perth - plaintiff was resident of the State of Victoria and
working in Perth at time of accident - plaintiff contended law of Victoria
governed proceeding - effect of national
uniform legislation for coverage of workers operating temporarily in another
jurisdiction - limitation period governing claims - ss80, 129MA & 129MB Accident Compensation Act 1985 (Vic) – ss20,
93AA, 93AB Workers’ Compensation and
Injury Management Act 1981 (WA) (WCIMA) - held: plaintiff’s claims governed
by substantive law, including applicable limitation periods, of common law of
Western Australia, unmodified by Div 1a Pt IV Workers’ Compensation and Injury Management Act 1981 (WA).
Di
Paolo
|
James
as Administrator of ZYL LTD
[2015] WASC 57
Supreme Court of Western Australia
Master Sanderson
Corporations - plaintiff appointed
administrator of company by resolution of company pursuant to s436A Corporations Act 2001 (Cth) - plaintiff
sought orders addressing uncertainty he considered existed in relation to
validity of resolution and appointment - ss201A, 447A, 447C, 1311 & 1312 -
requisite number of directors under s201A(2) - held: Court satisfied there was
breach of s201A(2) - it was arguable resolution passed was invalid - pt 5.3A of
the Act operated to effect that notwithstanding non-compliance with s201A(2)
plaintiff was validly appointed as administrator of company pursuant to s436A -
directors had acted bona fide - no-one
was prejudiced by decision - appointment of administrator confirmed.
James
|
Stewart
v Ackland [2015]
ACTCA 1
Court of Appeal of New South Wales
Penfold J; Walmsley & Robinson AJJ
Negligence - appellants were owner/occupiers
of farm on which they conducted business involving amusement park - respondent
university student injured when performing aerial backward somersault on
jumping pillow owned by owner/occupiers - trial judge found owner/occupiers
liable for respondent’s injuries - held: trial judge correctly decided activity
in which respondent was engaged when injured was a dangerous recreational activity - no error in finding that risk was
not obvious - open to trial judge to
find breach of duty by appellants and that causation established - appeal
dismissed.
Stewart
|
