| The
Owners Corporation Strata Plan No 74667; 74670 and 74662 v Auburn City Council (NSWSC)
- costs - offers made to owners’ corporations - costs payable up to time of
offer, not time of communication of acceptance by executive committees
(I C) |
| Traivelog
Pty Ltd v Electrometals Technologies Ltd (Subject to a Deed of Company
Arrangement) (QSC) - corporations - voluntary administration
- deed of company arrangement not set aside
(B) |
| Re:
Starkey (QSC) - Wills - succession - letters of administration in
limited form granted
(B) |
| Argus
Group Pty Ltd v Litigation Lending Services Ltd (No 2) (SASC)
- corporations - company represented by plaintiffs - compromise - company to
pay balance of plaintiffs’ costs and disbursements
(I B) |
| Hemat
Shir & Sayed Developments Pty Ltd v Haseeb (WASC)
- costs - possession - offers of settlement - appropriate costs orders
(I B) |
| West
Coast Council v Coverdale (No 2) (TASFC) - real property -
Valuer-General obliged to value lands subject of marine farming leases - appeal
allowed
(I G) |
| Compass
Group Healthcare Hospitality Service Pty Ltd v Beaton (ACTSC) - workers compensation -
worker’s mental injury caused by employer’s unreasonable conduct - appeal
dismissed
(I) |
| Summaries With Link (Five Minute Read) |
The Owners Corporation Strata
Plan No 74667; 74670 and 74662 v Auburn City Council [2015] NSWSC 86
Supreme
Court of New South Wales
Rein
J
Costs
- equity - plaintiffs sued defendants in respect of allegedly negligent
certifications of buildings of which plaintiffs were respectively the owners
corporation - plaintiffs each accepted offer of compromise made by subject to
confirmation of general meeting of owners corporation - general meeting of each
owners corporation approved settlement - plaintiffs contended they were
entitled to costs up to time they communicated acceptance of offers by executive
committees - defendants contended plaintiffs were entitled to costs only up to
date of offers of compromise - rr20.26, 20.27 & 42.13A Uniform Civil Procedure Rules 2005 (NSW) - held: offer made in all
circumstances must be taken to be one that costs to the time of the offer would
be paid - defendants required to pay plaintiffs’ costs up to the time of the offer
and not beyond that time.
The
Owners Corporation Strata Plan No 74667; 74670 and 74662 (I C)
|
Traivelog Pty Ltd v
Electrometals Technologies Ltd (Subject to a Deed of Company Arrangement) [2015] QSC 27
Supreme
Court of Queensland
P
McMurdo J
Corporations
- voluntary administration - creditors sought to set aside deed of company
arrangement executed by first respondent company - reg 5.3A.07 Corporations Regulations 2001 (Cth) -
ss445D, 447A & 513B Corporations Act
2001 (Cth) - delay - held: no ground to set aside DOCA established under
s445D(1)(a) & (b) - Court not persuaded DOCA unfairly prejudicial or unfairly
discriminatory - application heard more than five months after execution of
DOCA, during which time the company continued to trade with consequence those
who became creditors, contractors or investors in that period would be likely to
be prejudiced from orders sought - application dismissed.
Traivelog
Pty Ltd (B)
|
Re: Starkey [2015] QSC 32
Supreme
Court of Queensland
Henry
J
Wills
- succession - applicants sought a grant of letters of administration pursuant
to
r603(1)(d)
Uniform Civil Procedure Rules 1999 (Qld)
- applicants sought to be appointed as administrators with view to initiating
inquiries to ascertain who was entitled to beneficial distribution of estate
and thereafter return to seek Court’s declarations and other orders - held:
Court persuaded applicants were persons appropriate for appointment pursuant to
r603(2) - materials were adequate to justify Court granting letters of administration
in limited form contemplated to them - appropriate to order grant.
Re:
Starkey (B)
|
Argus Group Pty Ltd v
Litigation Lending Services Ltd (No 2)
[2015] SASC 20
Supreme
Court of South Australia
Gray
J
Corporations
- costs - plaintiffs held minority interest in first defendant litigation
funding company - dispute arising out of fifth defendant’s attempt to take
control of company - fifth defendant sued litigation funding company for
breach of contract - plaintiffs claimed second to fourth defendants engaged in
oppressive conduct and breaches of their directors duties by impermissibly
dealing with fifth defendant - plaintiffs granted leave to represent litigation
funding company - during plaintiffs’ opening they reached compromises with
defendants - plaintiffs sought pursuant to s242 Corporations Act 2001 (Cth) to recover balance of costs from
litigation funding company - held: there was serious question to be tried - proceedings had been brought in good faith for
the benefit of litigation funding company -
under compromises plaintiffs had obtained substantially all relief
sought - appropriate that plaintiffs be
indemnified by litigation funding company for balance of their costs and
disbursements.
Argus
Group Pty Ltd (I B)
|
Hemat Shir & Sayed
Developments Pty Ltd v Haseeb
[2014] WASC 485
Supreme
Court of Western Australia
Beech
J
Costs
- possession - defendant succeeded on plaintiff’s claim for possession and alternative
counterclaim - defendant was unsuccessful on primary counterclaim which was
founded on false evidence - appropriate costs orders - O66 r 1(1) Rules of the Supreme Court 1971 (WA)
- held: substantial justice of case
favoured an order there be no orders as to costs except in relation to defendant’s
application to set aside default judgment - defendant to pay costs of that
application - none of the settlement offers made by parties justified any
different order for costs.
Hemat
Shir & Sayed Developments Pty Ltd (I B)
|
West Coast Council v Coverdale
(No 2)
[2015] TASFC 1
Full
Court of the Supreme Court of Tasmania
Tennent,
Escort & Pearce JJ
Real
property - Council sought declaration that Valuer-General obliged to keep and
maintain valuation rolls and to provide valuation lists to Council including
particulars of ownership and values of lands subject of marine farm leases -
leases
were granted in respect of areas in Macquarie Harbour pursuant to Marine Farming Planning Act 1995 (Tas) -
Council claimed primary judge erred in failing to determine grant of each of
the marine farming leases created an interest in land which was rateable
pursuant to section 87(1) Local
Government Act 1993 (Tas) - statutory construction - held (by majority): seabed
and waters of Macquarie Harbour were Crown land for the purposes of Crown Lands Act 1976 (Tas) - they were Crown lands that are liable to be rated
because they were not exempt - Valuer-General under duty to value lands the
subject of the leases - appeal allowed.
West
Coast Council (I G)
|
Compass Group Healthcare
Hospitality Service Pty Ltd v Beaton
[2015] ACTSC 18
Court
of Appeal of the Australian Capital Territory
Burns
J
Workers
compensation - worker sued appellant for mental injury arising out of or in
course of her employment with the appellant - appellant claimed any injury
sustained by worker was result of reasonable action taken by it in relation to
disciplining worker - Magistrate found appellant’s
unreasonable conduct in meeting cause worker’s injury - appellant appealed -
ss4, 31(1) & 197 Workers Compensation
Act 1951 (ACT) - held: no failure to make findings as to content of
discussion at meeting between worker and appellant’s human resources manager -
no failure to make finding as to worker’s emotional state during meeting - no failure
to provide sufficient reasons for concluding worker displayed an adverse reaction
and an emotional response to meeting process - Magistrate entitled to accept
worker’s evidence as to conduct of meetings - Magistrate did not make finding
that there was objective evidence available during meeting that worker was not
a person of normal fortitude - appeal dismissed.
Compass
Group Healthcare Hospitality Service Pty Ltd (I)
|
