| Attorney
General of NSW v Homeland Community Ltd (NSWCA) - trusts -
company did not hold property on charitable trust
(B) |
| Russell
Gould Pty Ltd v Ramangkura (No 2) (NSWCA) - restitution -
leave to re-open appeal - no failure to make essential finding - appeal
dismissed
(I B) |
| Commonwealth
Bank of Australia Pty Ltd v Quinn (NSWSC) - possession -
summary judgment granted in favour of bank
(B) |
| Parque
Pty Ltd v Chungs Oriental Trading Pty Ltd (VSC) - corporations -
onus to show genuine dispute not discharged - statutory demand not set aside
(B) |
| Smith
v Marshall [No 2] (WASC) - defamation - impugned imputations
struck out
(I) |
| McFadyen
v Jenson (ACTSC) - motor vehicle accident - liability
admitted - credit - medical evidence - damages assessed
(I) |
| Lend
Lease Building Contractors Pty Ltd t/as Sitzler Baulderstone Joint Venture v
Honeywell Ltd t/as Honeywell Building Solutions (NTSC)
- security of payments - adjudicator’s determination within jurisdiction -
claim dismissed
(C G) |
| Summaries With Link (Five Minute Read) |
Attorney
General of NSW v Homeland Community Ltd [2015] NSWCA 15
Court of Appeal of New South
Wales
Macfarlan & Meagher JJA;
Sackville AJA
Trusts - Attorney General of
NSW sought declaration that respondent company held property upon a charitable
trust for purposes identified in deed - primary judge dismissed proceedings -
Attorney General appealed - held: primary judge did not err in permitting
company to withdraw concession that it did not contest validity of charitable
trust and to amend defence so as to withdraw admission it was bound by a trust
- finding that company bound by trust required finding that it took transfer to
it with notice that trustees intended it to hold property on trust - primary judge
did not err in declining to make that finding - appellant’s application to
adduce further evidence refused - no significant prospect a different outcome
would have ensued - appeal dismissed.
Attorney General of NSW (B)
|
Russell
Gould Pty Ltd v Ramangkura (No 2) [2015] NSWCA 14
Court of Appeal of New South Wales
Bathurst CJ; Barrett & Ward JJA
Restitution - appellant company sought
leave to re-open appeal in which judgment was given - company contended Court
did not make finding essential to conclusion it reached, which was that
director (Mr Gould) had company’s authority to cause amount of company’s money
to be expended in satisfaction of indebtedness of company to director - held:
Mr Gould had authority to cause company to pay amount to him by way of
reduction of company’s on-demand indebtedness to him and to effectuate payment
by drawing on company’s account with bank - leave granted to re-open - appeal
dismissed.
Russell Gould Pty Ltd (I B)
|
Commonwealth
Bank of Australia Pty Ltd v Quinn [2015] NSWSC 78
Supreme Court of New South Wales
Beech-Jones J
Summary judgment - possession - bank
sought to strike out amended defence or summary judgment in proceedings -
amended defence raised general unconscionability - also sought to invoke Contracts Review Act 1980 (NSW) - held:
amended defence raised sufficiently clear claim under Contracts Review Act and
of unconscionability - Court declined to strike out amended defence - no
material from defendant to resist otherwise straightforward claim of default in
repayment of loans - summary judgment granted to bank.
Commonwealth Bank of Australia Pty Ltd (B)
|
Parque
Pty Ltd v Chungs Oriental Trading Pty Ltd [2015] VSC 30
Supreme Court of Victoria
Gardiner AsJ
Corporations - plaintiff applied pursuant
to s459G Corporations Act 2001 (Cth)
to set aside statutory demand served on it by defendant on basis it had genuine
dispute in respect of debts subject of claim - held: plaintiff did not
discharge onus it bore that it had a genuine dispute in respect of debt
remaining on statutory demand - plaintiff’s position not supported by
contemporaneously generated documentation - defendant’s evidence inherently
plausible - application dismissed.
Parque Pty Ltd (B)
|
Smith
v Marshall [No 2]
[2015] WASC 62
Supreme Court of Western Australia
K Martin J
Pleadings - defamation - action arising
out of publication to Australian Shareholders’ Association as well as three
other persons by open letter - defendants challenged natural and ordinary
meaning imputations in plaintiff’s amended statement of claim - popular or
false innuendos - defendants claimed imputations were manifestly groundless or
untenable meanings, and that they were also embarrassing - held: three of four
impugned imputations struck out.
Smith (I)
|
McFadyen
v Jenson
[2015] ACTSC 12
Supreme Court of the Australian Capital
Territory
Burns J
Damages - negligence - plaintiff was
driving motor vehicle which was stationary in traffic when vehicle driven by
first defendant collided with rear of plaintiff’s vehicle - second defendant
was first defendant’s third party insurer - plaintiff injured as result of
collision - extent of injury in dispute - defendants admitted liability -
assessment of damages - medical evidence - credit - held: plaintiff was honest
witness - damages assessed at $104,447.95 - judgment for plaintiff.
McFadyen (I)
|
Lend Lease Building
Contractors Pty Ltd t/as Sitzler Baulderstone Joint Venture v Honeywell Ltd
t/as Honeywell Building Solutions [2015] NTSC 10
Supreme Court of the Northern Territory
Kelly J
Security of payments - plaintiff and first defendant
entered subcontract - payment dispute arose - first defendant sought
adjudication under Construction Contracts
(Security of Payments) Act (NT) - plaintiff sought to quash adjudicator’s
determination - first defendant contended adjudicator made finding that
plaintiff was not liable to pay amount to first defendant, and that, having so
found, had no jurisdiction to determine amount should be paid - held: nothing
to indicate adjudicator misconstrued s33(1)(b) or went outside allocated role
in determining whether plaintiff owed money to first defendant - adjudicator’s
remarks did not constitute finding that plaintiff had no liability to pay
amount to first defendant - claim dismissed.
Lend Lease Building Contractors Pty Ltd
t/as Sitzler Baulderstone Joint Venture (C G)
|
