| Hurd v Zomojo Pty Ltd (FCAFC) - corporations - directors’ duties - breach of service agreement - damages - appeal dismissed - application to quash judgments and order also dismissed (I B) |
| Chu v Ngar (NSWSC) - succession - self-represented litigant - application for family provision order by child of deceased - application dismissed (B) |
| Chu v Ngar (NSWSC) - costs - succession - no order made as to defendant’s costs to intent she would bear own costs - if plaintiff wished to seek her costs be paid out of estate or notional estate she should do so by notice of motion - directions (B) |
| 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 (I) |
| Greek Orthodox Community of South Australia Inc v Pashalis (SASC) - defamation - newspaper article defamatory of certain plaintiffs - defence of statutory qualified privilege failed - damages (I) |
| 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 (I B C) |
| 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 (I B C) |
| 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 (I B)
|
Chu v Ngar [2015] NSWSC 1505
Supreme Court of New South Wales
Hallen J
Succession - family provision - self-represented litigant - plaintiff child of deceased sought family provision order pursuant to Pt 3.2 Succession Act 2006 (NSW) - defendant was executor of deceased’s Will and mother of plaintiff - no provision made for plaintiff in deceased’s Will - whether adequate and proper provision not for plaintiff in Will - size of estate and what may be notional estate - defendant’s significant competing claim upon deceased’s bounty - incomplete disclosure of plaintiff’s financial resources and income -held: extension of time to bring application granted - Court not satisfied plaintiff established jurisdictional threshold for making of order - application dismissed.
Chu (B)
|
Chu v Ngar (No 2) [2015] NSWSC 1549
Supreme Court of New South Wales
Hallen J
Costs - family provision - plaintiff litigant in person was unsuccessful in claim for provision out of deceased father’s estate - plaintiff not present when reasons for judgment delivered - not known what application plaintiff might make in relation to costs - held: no order made as to defendant’s costs to intent she would bear own costs of proceedings - if plaintiff wished her costs to be paid out of estate or notional estate tshe should do so by notice of motion to be filed by certain date - directions.
Chu (B)
|
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 (I)
|
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 (I)
|
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 (I B C)
|
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 (I B C)
|
| CRIMINAL |
| Executive Summary |
| Elshani v R (NSWCCA) - criminal law - sentence appeal - trafficking marketable quantity of heroin - misapplication of State legislation rather than Commonwealth legislation - sentencing discretion exercised afresh - non-parole period quashed - non-parole period of 3 years and 3 months imposed |
| Batcheldor v R & Walsh v R - criminal law - specially aggravated kidnapping - murder - constructive murder - inadequate directions to jury - one appellant’s convictions quashed - new trial - other appellant’s appeal dismissed |
| Summaries With Link |
Elshani v R [2015] NSWCCA 254
Court of Criminal Appeal of New South Wales
Gleeson JA; Adams & Beech-Jones JJ
Criminal law - applicant pleaded guilty in Local Court to offence of trafficking marketable quantity of heroin under s302.3 Criminal Code Act 1995 (Cth) - maximum penalty was 25 years imprisonment - applicant sentenced to overall sentence of 6 years with non-parole period of 4 years - discount of 25% allowed for his early plea - applicant sought to appeal - whether mistaken application of Crimes (Sentencing Procedure) Act 1999 (NSW) - proper construction of s16A(2)(p) Crimes Act 1914 (Cth) - whether only family hardship that could be characterised as exceptional could be taken into account in determining sentence - held: sentencing judge erred in sentencing applicant in accordance with Crimes (Sentencing Procedure) Act 1999 (NSW) rather than Pt IB Crimes Act 1914 (Cth) - Court required to exercise sentencing discretion afresh in accordance with of s6(3) Criminal Appeal Act 1912 (NSW) - non-parole period quashed - non-parole period of 3 years and 3 months imposed
Elshani |
Batcheldor v R & Walsh v R [2014] NSWCCA 252
Court of Criminal Appeal of New South Wales
Bathurst CJ; Hidden & Hulme JJ
Criminal law - appellants charged jointly with specially aggravated kidnapping of Mr Digby and murder of Mr Digby - Walsh alleged to have killed Mr Digby - Batcheldor said to have been complicit - both found guilty and sentenced to imprisonment.- Batcheldor has appealed against conviction and sought leave to appeal against sentence - Walsh appealed against conviction - constructive murder - adequacy of directions to jury - held: trial judge erred in failing to direct jury as to mental element that Batcheldor contemplated infliction of actual bodily harm upon deceased as possible incident of kidnapping offence - deficiency not in relation to elements of constructive murder but in directions about Batcheldor’s complicity in specially aggravated kidnapping - directions inadequate to convey notion of being “in company” for purpose of establishing count of kidnapping - Batcheldor’s convictions set aside - new trial - Walsh’s appeal against conviction dismissed.
Batcheldor |
| 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 |
