| Ashton
v Pratt (NSWCA) - contract - no binding legal relations between
escort and late Richard Pratt - appeal dismissed
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| Nationwide
News Pty Ltd v Hibbert (NSWCA) - pleadings - defamation -
refusal to strike out imputations - leave to appeal refused
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| Tomanovic
v One Australia Pty Ltd (NSWCA) - evidence - oppression -
valuation of shares in company - appeal dismissed
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| Akron
Roads Pty Ltd (in liq) v Crewe Sharp (VSC) corporations - joinder
of third party insurer as defendant in proceedings
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| Field
Deployment Solutions Pty Ltd v SC Projects Australia Pty Ltd (WASC)
- security of payments - error of law did not vitiate decision to dismiss
adjudication application
|
| Mercer
v Allianz Australia Insurance Ltd (No 4) (TASSC) - judgments
and orders - Court empowered to order entry of backdated interest-bearing
judgment
|
| Summaries With Link (Five Minute Read) |
Ashton
v Pratt
[2015] NSWCA 12
Court of Appeal of New South Wales
Bathurst CJ; McColl & Meagher JJA
Contract - appellant provided deceased with
escort services - in 2003 appellant and
deceased had conversations in which he stated he would pay appellant certain
allowances, give her a car and set up trust for each of her children - primary
judge found conversations not intended to create legal relations, that contract
if made it was void against public policy, that executor not estopped from
denying conversations were legally binding, and that any
binding obligations had been released - appellant’s children joined proceedings
seeking to enforce term in conversations to create trust - held: parties did
not intend to create legal relations and - estoppel claim against executor
failed - correspondence constituted an accord and satisfaction - 2005 document
effective to release deceased from appellant’s claims - appeal dismissed.
Ashton
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Nationwide
News Pty Ltd v Hibbert
[2015] NSWCA 13
Court of Appeal of New South Wales
Barrett & Emmett JJA; Sackville AJA
Pleadings - defamation - action arising out
of articles published in newspaper and on website - applicants sought leave to
appeal from trial judge’s refusal to strike out certain imputations pleaded by
respondent - applicants contended imputations did not differ in substance -
held: applicants did not demonstrate either that proposed appeal raised issue
of principle or that refusal to grant leave would create risk of significant
injustice to them - application did not justify grant of leave to appeal -
leave to appeal refused.
Nationwide News Pty Ltd
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Tomanovic
v One Australia Pty Ltd
[2015] NSWCA 11
Court of Appeal of New South Wales
Bathurst CJ; Barrett & Emmett JJA
Evidence - valuation of shares - oppression
suit brought under s232 Corporations Act
2001 (Cth) - appeal against valuation of shares in company to determine
price to be paid by One Australia to Australian Financial Services Corporation
in consequence of orders - appellants contended primary judge erred in arriving
at valuation of shares at $1,870,043 and that primary judge should have
determined valuation in order of $12,500,000 - expert opinion - conflicting
evidence - methodology of valuation - book value of company - held: primary
judge proceeded according to objectively reasonable method of valuation and
reached conclusion that did not exhibit error - appeal dismissed.
Tomanovic
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Akron
Roads Pty Ltd (in liq) v Crewe Sharp
[2015] VSC 34
Supreme Court of Victoria
Judd J
Joinder - insurance - first plaintiffs were
liquidators of company - second plaintiff was company - liquidators claimed
compensation from former directors of company for loss resulting from insolvent
trading by company - plaintiffs also claimed related corporation was shadow
director which failed to prevent company from trading while insolvent -
liquidators sought to join insurer of director and related corporation as
defendant - s562 Corporations Act 2001 (Cth)
- true legal controversy - held: Court persuaded there was proper basis under
r9.06(b)(ii) Supreme Court (General Civil
Procedure) Rules 2005 (Vic) to join insurer - proposed case to be advanced
by plaintiffs was not hopeless, bound to fail or fanciful without any
reasonable prospect of success - joinder granted.
Akron Roads Pty Ltd (in liq)
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Field
Deployment Solutions Pty Ltd v SC Projects Australia Pty Ltd [2015] WASC 60
Supreme Court of Western Australia
Mitchell J
Judicial review - construction contract -
security of payments - appellant and respondent were parties to contract for
appellant to supply, maintain and operate vehicles to haul material to
designated works locations - payment dispute arose - appellant sought to engage
provisions of Construction Contracts Act
2004 (WA) - appellant sought review of State Administrative Tribunal’s
decision that agreement was not a construction contract for purpose of Act and
that adjudication application was not prepared and served in accordance with
s26 - Tribunal affirmed adjudicator’s dismissal of adjudication application -
held: Tribunal erred in law in concluding agreement was not a construction
contract - however error was capable of affecting only one of the two
alternative grounds on which Tribunal’s decision was based - grounds of appeal
did not challenge other alternative ground - error of law did not vitiate
Tribunal’s decision - Tribunal’s decision affirmed.
Field Deployment Solutions Pty Ltd
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Mercer
v Allianz Australia Insurance Ltd (No 4)
[2015] TASSC 2
Supreme Court of Tasmania
Blow CJ
Judgments and orders - work injury damages -
plaintiff entitled to judgment against Allianz for a substantial sum - dispute
between parties as to how much money, date of judgment and date from which
post-judgment interest would run - whether Court had power to order entry of
backdated interest-bearing judgment - ss165 & 201(1).Supreme Court Civil Procedure Act 1932 (Tas) - r573(1) Supreme Court Rules 2000 (Tas) - held:
Court had power to make order for backdated interest-bearing judgment to be
entered for original sum less amount that had already been paid - interest on
judgment to run from date of on which action determined.
Mercer
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