| Luo v Zhai (FCA) - contract - breach of
share acquisition agreement - damages (I B) |
| State of New South
Wales v Shaw (NSWCA) - contract - no term of mutual trust and confidence or duty of good faith
implied in employment contracts - appeal allowed (I B) |
| Benton
v QBE Workers Compensation (NSW) Ltd (NSWCA) - summary dismissal - workers compensation - abuse of process - leave
to appeal refused (I) |
| Raviolos v Sydney
Local Health District (NSWSC) - pleadings - medical negligence - defendant not
entitled to particulars of amended statement of claim (I) |
| Vincent v Woolworths
Ltd and Vincent v Counterpoint Marketing & Sales Pty Ltd (NSWSC) - negligence - work
injury damages - collision with trolley at supermarket - neither occupier nor
employer liable (I) |
| Morel v Bank of
Queensland (QCA) - loans and mortgages - extension of time within which to appeal from
default judgment in bank’s favour refused (B) |
| BGC
Australia Pty Ltd v Minspec Pty Ltd (WASC) - freezing orders - orders
ancillary to prospective freezing orders made (B C) |
| Summaries With Link (Five Minute Read) |
Luo
v Zhai
[2015] FCA 350
Federal Court of Australia
Perram J
Contract - restitution -
consumer law - proceedings arising from share acquisition agreement - first
respondent’s company imported office chairs and sold them wholesale - applicant
agreed to buy a 40% stake in company from first respondent for amount - agreement
also contemplated stake would be lifted to 55% - applicant paid amount but did not receive
any shares - applicant paid further amount to company to assist with its
expenses - first respondent obliged to transfer shares to applicant by 30/6/12
but did not do so - applicant sued for return of money - held: first
respondent breached contract - there was total failure of consideration but there
could not be double recovery - first respondent did not engage in misleading or
deceptive conduct - judgment for applicant.
Luo
(I B)
|
State
of New South Wales v Shaw
[2015] NSWCA 97
Court of Appeal of New South
Wales
Beazley P; Ward & Gleeson
JJA
Contract - respondents
appointed as probationary teachers assigned to school - NSW deemed to be employer
under s42 Teaching Services Act 1980
(NSW) - respondents’ probationary appointments annulled pursuant to s48(2) -
determination made pursuant to s48(4) that they ceased to be employed by NSW
Education Teaching Service - respondents claimed damages against NSW for breach
of employment contracts - primary judge found NSW breached term of mutual trust
and confidence implied into the contracts of employment but awarded no damages -
primary judge rejected appellants’ claim contracts were repudiated and found
that even if they were repudiated, respondents’ conduct was inconsistent with acceptance
of repudiation - primary judge awarded costs in respondents’ favour - parties appealed
and cross-appealed - held: no term of mutual trust and confidence or duty of
good faith implied into contracts - primary
judge erred in finding provisions of Teacher’s Handbook incorporated into contracts
- appeal allowed - cross-appeal dismissed.
Shaw
(I B)
|
Benton
v QBE Workers Compensation (NSW) Ltd
[2015] NSWCA 101
Court of Appeal of New South
Wales
Meagher & Ward JJA;
Adamson J
Workers compensation - worker sued
former employer’s workers’ compensation insurer for damages for injuries in
slip and fall while attempting to alight from cabin of prime mover - District
Court summarily dismissed claim on basis proceedings were abuse of process
because worker was seeking to re-litigate matters conclusively determined against
him in previous proceedings he brought against truck owner - held: no error in House v The King sense in exercise of
primary judge’s discretion to summarily dismiss proceedings - appellate
intervention not warranted - no error in primary judge’s conclusion proceedings
were abuse of process - any appeal on that basis bound to fail - leave to
appeal refused
Benton
(I)
|
Raviolos
v Sydney Local Health District
[2015] NSWSC 439
Supreme Court of New South
Wales
Harrison J
Pleadings - medical negligence
- plaintiff claimed defendant breached duty of care to him by failing to follow
up on his condition to exclude existence of lung cancer or to diagnose it - defendant
sought particulars of amended statement of claim concerning plaintiff’s
employment history - plaintiff objected to providing particulars on basis they
were not relevant to current issue in proceedings - held: in the circumstances
it was irrelevant whether malignancy was result of work related exposure to
asbestos or cigarette smoking or other possible cause or causes - defendant not
entitled to particulars sought - application dismissed.
Raviolos
(I)
|
Vincent
v Woolworths Ltd and Vincent v Counterpoint Marketing & Sales Pty Ltd [2015] NSWSC 435
Supreme Court of New South
Wales
Campbell J
Negligence - work injury
damages - plaintiff part-time merchandiser sued Woolworths and employer in
separate proceedings for injuries suffered in course of employment in collision
with trolley at supermarket - Woolworths
and employer cross-claimed against the other - 5B Civil
Liability Act 2002 (NSW) - held: no breach of duty of care by Woolworths as
occupier - collision occurred because neither customer or plaintiff looked
where they were going as ordinary care usually required - employer not
negligent - plaintiff’s accident resulted from failure of her and customer to
see each other - judgment for defendants.
Vincent
(I)
|
Morel
v Bank of Queensland
[2015] QCA 58
Court of Appeal of Queensland
Holmes, Fraser & Morrison
JJA
Default judgment - loans and
mortgages - applicant borrowed money from bank with six loans secured over
properties held in applicant’s other name - applicant defaulted - bank sought to
recover outstanding amount - Registrar entered default judgment in favour of
bank - applicant’s application to set aside default judgment dismissed - applicant
sought extension of time to appeal - delay - merits of proposed appeal - held: no
adequate explanation for delay in bringing application - no good reason to relieve applicant from
consequences of not filing in time - default judgment regularly entered - no
arguable defence to resist bank’s claim - application for extension of time
refused.
Morel
(B)
|
BGC
Australia Pty Ltd v Minspec Pty Ltd
[2015] WASC 134
Supreme Court of Western
Australia
Mitchell J
Freezing orders - plaintiff
sought orders under O52A r3 Rules of the Supreme
Court 1971 (WA) requiring defendants and third defendant’s wife to swear
affidavits providing information about assets
they allegedly controlled - order sought to enable plaintiff to obtain
information relevant to prospective freezing order for which it anticipated it
would apply - confidentiality - held: there was proper basis for apprehending there
might be grounds for making application for freezing orders in future - sufficient
concern to justify ancillary order - Court
also satisfied that prospect of potential claim under s89 Property Law Act 1969 (WA) in relation to property held by wife
sufficient to justify requiring her to swear affidavit - orders ancillary to
prospective freezing orders made - defendants and non-party required to file
affidavits
BGC
(B C)
|
