Hurd v Zomojo Pty Ltd (FCAFC) - corporations - directors’ duties - breach of service agreement - damages - appeal dismissed - application to quash judgments and order also dismissed |
Hamilton v State of New South Wales (NSWSC) - client legal privilege - misfeasance in public office - documents were subject of client legal privilege - privilege not waived |
Greek Orthodox Community of South Australia Inc v Pashalis (SASC) - defamation - newspaper article defamatory of certain plaintiffs - defence of statutory qualified privilege failed - damages |
Vadasz v Gadaleta Steel Fabrication Pty Ltd (SASC) - contract - steel and welding services - no contractual right to claim - amount due and payable reduced - appeal allowed in part |
Lindner v The Corporation of the City of Marion (SASC) - summary judgment - approval of development application - no reasonable cause of action against planning authority - summary judgment granted |
Summaries With Link (Five Minute Read) |
Hurd v Zomojo Pty Ltd [2015] FCAFC 147 Full Court of the Federal Court of Australia Besanko, Gilmour & Beach JJ Corporations - directors’ duties - applicant managing director found to have breached services agreement - applicant sought extension of time to appeal against judgments on liability and judgment on quantum and relief - applicant also sought to quash the judgments and orders - ss20(1A), 27 Federal Court of Australia Act 1976 (Cth) - standing - Constitutional writs - assertions of bias, errors of fact, lack of procedural fairness - held: extension of time granted - grounds of appeal not made out - appeal dismissed - application to quash judgments and orders dismissed. Hurd
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Hamilton v State of New South Wales [2015] NSWSC 1430 Supreme Court of New South Wales Harrison AsJ Client legal privilege - misfeasance in public office - Director of Public Prosecutions sought he be excused from producing documents pursuant to r1.9 Uniform Civil Procedure Rules 2005 (NSW) on basis documents subject to client legal privilege - NSW Commissioner of Police sought that subpoena to produce issued by plaintiff be set aside under r33.4 - ss118 & 119 Evidence Act 1995 (NSW) - onus - held: documents were subject of client legal privilege - privilege not waived - not a case where interests of justice should dictate result should be otherwise - costs was only issue to be decided in respect of notice of motion of NSW Commissioner of Police - both parties had compromised - parties to bear own costs. Hamilton
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Greek Orthodox Community of South Australia Inc v Pashalis [2015] SASC 122 Supreme Court of South Australia Blue J Defamation - Greek Orthdodox Community and others sued defendant publisher of newspaper for defamation arising out of publication of article - defendant admitted publication but denied pleaded imputations or that they were defamatory - defendant pleaded statutory qualified privilege - ss22 & 28 Defamation Act 1974 (NSW) - held: article was defamatory of second, third and seventh plaintiffs but not Greek Orthodox Community or remaining plaintiffs - defence of statutory qualified privilege failed - damages awarded in plaintiffs’ favour. Greek Orthodox Community
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Vadasz v Gadaleta Steel Fabrication Pty Ltd [2015] SASC 162 Supreme Court of South Australia Nicholson J Contract - appellant engaged respondent to undertake certain steel and welding services - appellant challenged respondent's entitlement to be paid invoiced amount of $70,168.01 - Magistrate made allowance for $10,000 part payment and reduction of $1,496.55 on account of errors in invoices - Magistrate found appellant liable, pursuant to contract, to pay respondent sum of $58,671.46 for work performed - appellant appealed - held: respondent had no contractual entitlement to claim - all hours of work performed by respondent’s employees to be charged out at agreed rate of $75 per hour plus GST - appeal allowed in part - amount due and payable reduced. Vadasz
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Lindner v The Corporation of the City of Marion [2015] SASC 152 Supreme Court of South Australia Parker J Summary judgment - plaintiffs brought claim in relation to defendant’s decision to grant approval for development on land under Development Act 1993 (SASC) - plaintiffs claimed defendant failed to assess development application correctly - defendant sought summary judgment on basis no reasonable cause of action, or dismissal of statement of claim or strike-out of certain parts of statement of claim - ss3, 35, 38, 38(3), 38(5), 86(1)(b) & 86(1)(f) - held: allegation of jurisdictional error served no purpose without application for judicial review - no reasonable basis for allegation of breach of duties or constructive fraud, or aiding or abetting on a fraud - no reasonable basis for claim of nuisance or conspiracy or fraud on a power - summary judgment granted. Lindner
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Poem for Friday (Recitation here by Thomas Hellier) |
A Complaint By William Wordsworth
There is a change—and I am poor; Your love hath been, nor long ago, A fountain at my fond heart's door, Whose only business was to flow; And flow it did; not taking heed Of its own bounty, or my need.
What happy moments did I count! Blest was I then all bliss above! Now, for that consecrated fount Of murmuring, sparkling, living love, What have I? shall I dare to tell? A comfortless and hidden well.
A well of love—it may be deep— I trust it is,—and never dry: What matter? if the waters sleep In silence and obscurity. —Such change, and at the very door Of my fond heart, hath made me poor.
William Wordsworth |