Daily Insurance: Thursday, 21 May 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Executive Summary (One Minute Read)
Mighty River International Ltd v Mesa Minerals Ltd (FCA) - corporations - application to inspect company books and records granted
Abu-Mahmoud v Consolidated Lawyers Pty Ltd (NSWSC) - professional negligence - negligence by solicitor in provision of advice causing loss to client - no contributory negligence - judgment for client
Summaries With Link (Five Minute Read)
Mighty River International Ltd v Mesa Minerals Ltd [2015] FCA 462
Federal Court of Australia
Barker J
Corporations - applicant sought to inspect company books and records under s247A Corporations Act 2001 - s6 Civil Dispute Resolution Act 2011 - ss232, 237, 247A,  247A(1), 247A(2) & 461 Corporations Act 2001 - whether applicant impermissibly involving itself in company’s management - held: Court satisfied in all circumstances that applicant was acting in good faith and that inspection was to be for proper purpose - Court persuaded access to required documents should be permitted by making order.
Mighty
Abu-Mahmoud v Consolidated Lawyers Pty Ltd [2015] NSWSC 547
Supreme Court of New South Wales
Garling J
Professional negligence - solicitors’ duties - plaintiff client was property developer - plaintiff claimed solicitor was negligent in advising him to take certain steps in relation to property he owned and intended to develop - plaintiff claimed he entered into restructure scheme on solicitor’s advice with consequence his property empire crumbled, he became liable in significant sum to bank, and lost equity which he owned in properties - held: restructure advice given in circumstances amounting to breach of duty - plaintiff established losses caused by implementation of advice - no contributory negligence established - judgment for plaintiff in amount to be calculated.
Abu-Mahmoud