| Watpac Construction NSW Pty Limited v Taylor Thompson Whitting (NSW) Pty Ltd (NSWSC) - contract - specific performance - defendant required to submit dispute to expert determination in accordance with dispute resolution procedure |
| CGU Insurance Ltd v Blakeley (VSCA) - joinder - corporations - joinder of defendants’ insurer by plaintiffs - insurer’s appeal dismissed |
| Auto Parts Group Pty Ltd v Cooper (QSC) - trade and commerce - employment contracts - restraint of trade clause enforceable - injunction - orders |
| Summaries With Link (Five Minute Read) |
Watpac Construction NSW Pty Limited v Taylor Thompson Whitting Pty Ltd [2015] NSWSC 780
Supreme Court of New South Wales
Ball J
Contract - specific performance - dispute resolution clause - defendant agreed to provide consultancy services to plaintiff in connection with construction of building, television studios and facilities - plaintiff sought orders requiring defendant to submit dispute between them to expert determination in accordance with dispute resolution clause in agreement - held: parties did not abandon dispute resolution procedure - meeting was not pre-condition to expert determination procedure - no jurisdictional error by expert - complaints in relation to expert determination agreement failed - plaintiff entitled to orders sought in summons.
Watpac
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CGU Insurance Ltd v Blakeley [2015] VSCA 153
Court of Appeal of Victoria
Ashley, Beach & McLeish JJA
Joinder - corporations - claim under s588M Corporations Act 2001 (Cth) in which plaintiffs were liquidators and company in liquidation who alleged company’s directors breached s588G by failing to prevent company from incurring debts when it was insolvent - defendants’ insurer sought leave to appeal against order joining it as a defendant - jurisdiction - state of authorities regarding appropriateness of joinder of an insurer at instance of party other than insured - held: possibility of separate proceedings between current parties and later proceedings between relevant liquidator or trustee in bankruptcy and insurer could not be countenanced - trial judge’s analysis correct - orders should not be disturbed - question whether there were ultimately grounds for declaration against insurer was matter for trial - leave to appeal granted on basis it had prospect of success - appeal dismissed
CGU
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Auto Parts Group Pty Ltd v Cooper [2015] QSC 155
Supreme Court of Queensland
Bond J
Trade and commerce - restraint of trade - injunction - applicant sought to enforce restraint clauses in respective employment contracts of first and second respondents - applicant also sought declarations and injunctions against first and second respondents aimed at preventing possibility of their misuse of applicant’s confidential information - held: restraint clause was enforceable against first and second respondents - first and second respondents should be should be subject of injunctions restraining them in appropriate manner - orders made.
Auto
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