| Wilmink v Westpac Banking Corporation (FCAFC) – loan
statement incapable of being converted into a bill of exchange – claim against
bank failed
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| Barnes
v Forty Two International Pty Ltd (No 2) (FCAFC) - costs -
rejection of Calderbank offer and walk away offer not unreasonable - indemnity
costs refused
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| Linke
v TT Builders Pty Ltd (FCA) – costs – failure to comply with
implied terms of offer of compromise
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| Griffin
Energy Group Pty Limited (Subject to DOCA) v ICICI Bank Ltd (Singapore Branch) (NSWSC)
– standby letters of credit – sale agreement - conditions to enable vendor to
demand payment could not be met
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| Cox v Wettenhall
(VSC)
– share purchase agreement – dispute resolution provision - no error in
contract for expert determination – claims dismissed
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| Marinis
v Prendegast (WASC) – discovery – privilege – non-government
documents not protected by public interest immunity
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| Summaries With Link (Five Minute Read) |
Wilmink v Westpac Banking Corporation [2015] FCAFC 17
Full Court of the Federal Court of Australia
Foster, Yates & Gleeson JJ
Bills of exchange - appellants claimed damages
against bank based on alleged default by bank under purported bill of exchange
- primary judge concluded purported bill of exchange was not a bill within
meaning of Bills of Exchange Act 1909 (Vic) – appellants contended
primary judge erred in finding that a loan statement was incapable of
conversion to a bill of exchange in s25 – appellants also claimed primary judge
denied them procedural fairness by hearing proceeding on the papers – held:
loan statement did not satisfy requirement under s25 of a simple
signature on a blank stamped paper – loan statement not a document capable
of being converted into bill of exchange – no denial of procedural fairness in
delivering judgment without oral hearing – appeal dismissed.
Wilmink
|
Barnes
v Forty Two International Pty Ltd (No 2)
[2015] FCAFC 19
Full Court of the Federal Court of
Australia
Siopis, Flick & Beach JJ
Costs - Court allowed appeal in
proceedings - appellants submitted they were entitled to indemnity costs in
relation to trial costs on basis of Calderbank offer or alternatively offer of
compromise made before commencement of trial - held: respondents’ refusal to
accept Calderbank offer did not justify order for indemnity costs - respondents
not given reasonable time within which to respond - refusal not unreasonable - offer
of compromise would have been more favourable to respondents in terms of costs
than that ultimately achieved - however respondents did not act unreasonably in
refusing offer - proceedings did not permit straightforward assessment of risk
- respondents’ claims not without merit - indemnity costs refused - costs
orders made on usual party-party basis.
Barnes
|
Linke
v TT Builders Pty Ltd
[2015] FCA 111
Federal Court of Australia
White J
Costs – offer of compromise – proceedings
concerned applicant’s claim for damages in respect of defective building work
and claim for damages for misrepresentation by land agent – parties agreed on
compromise – applicant accepted offer of compromise – applicant sought orders
pursuant to r25.10 Federal Court Rules on
basis of respondents’ failure to comply with offer’s terms - delay - held:
respondents failed to comply with implied terms of offer to formulate their
costs pursuant to offer and to respond to applicant’s formulation of his costs
– applicant entitled to benefit of compromise in timely way.
Linke
|
Griffin
Energy Group Pty Limited (Subject to DOCA) v ICICI Bank Ltd (Singapore Branch) [2015] NSWSC 87
Supreme Court of New South Wales
Hammerschlag J
Standby letters of credit – dispute
concerning operation of three standby letters of credit issued on 28/2/11 –
each letter of credit had maximum liability of $50 million and on its face was
to expire on 1/3/15 – letters of credit issued to secure final instalment under
sale agreement for sale of shares in companies – sale shares represented
underlying interest in coal mine – whether conditions to enable plaintiff to
demand payment under letters of credit could be met - International Standby
Practices (ISP98) - provision for extension of date for timely presentation
where last day for presentation not a business day – requirement of declaration
that amount due and payable and delivery of drafts - held: letters of credit
not capable of being security for payment of last instalment – summons
dismissed.
Griffin
Energy Group Pty Limited
|
Cox v Wettenhall [2015] VSC 38
Supreme
Court of Victoria
Judd
J
Contract
for expert determination – share purchase agreement - dispute resolution - plaintiffs
were vendors of shares under share purchase agreement – second defendant was
purchaser - plaintiffs sought declaration that an expert determination made by first
defendant under the agreement was of no effect - expert had been appointed by
parties to resolve dispute concerning calculation of third tranche of purchase
price – held: vendors failed to establish determination did not conform with
contract, or any breach of contract by expert, or any error in expert’s
determination – claims against defendants dismissed.
Cox
|
Marinis v Prendegast [2015] WASC 69
Supreme
Court of Western Australia
Master
Sanderson
Discovery
- privilege - plaintiff sought pre-action discovery against defendants - defendants
claimed public interest privilege over certain documents - held: public
interest
immunity was restricted to what must be kept secret for protection of
government - no basis for defendants to claim public interest immunity -
documents did not form part of government or quasi-government - plaintiff
entitled to inspect documents.
Marinis
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