| Atkinson
v Commissioner of Taxation (FCAFC) - taxation - statement of
account incapable of conversion to a bill of exchange - appeal dismissed
|
| Jewelsnloo
Pty Ltd v Sengos (NSWSC) - contract - leave to reopen case to
rely on new evidence refused
|
| Kyaw
Nyunt (deceased) (SASC) – Wills – document of testamentary
nature written in Burmese - letters of administration granted to widow of deceased
|
| Terravision
Pty Ltd v Black Box Control Pty Ltd [No 2] (WASC) - pleadings -
licence agreement - impermissible aids to construction of agreement - paragraphs
of defence struck out
|
| Summaries With Link (Five Minute Read) |
Atkinson
v Commissioner of Taxation
[2015] FCAFC 18
Full Court of the Federal Court of
Australia
Foster, Yates & Gleeson JJ
Bills of exchange - Commissioner
commenced debt recovery proceedings against first appellant - ATO sent first
appellant statement of account in respect of income tax debt - ATO received
purported bill of exchange from first appellant - purported bill comprised
documents including statement of account to which alterations and additions
were made - primary judge ordered proceedings be dealt with without oral
hearing on basis they were frivolous or vexatious and dismissed appellants’
claim against Commissioner - whether converted statement of account constituted
bill of exchange - held: receipt of statement of account did not confer any
authority upon first appellant to “fill up” statement of account so that it
became completed bill of exchange, or to impose liability upon Commissioner to
pay damages - statement of account did not answer description in s25 Bills of Exchange Act 1909 (Cth) - no
denial of procedural fairness - appeal dismissed
Atkinson
|
Jewelsnloo Pty Ltd v Sengos [2015] NSWSC 80
Supreme
Court of New South Wales
Robb
J
Interlocutory
application - claim arising out of contract for sale of business between
plaintiff and second and third defendants - plaintiff alleged it entered
contract on faith of a false representation concerning income of business -
plaintiff sought leave to re-open its case to rely on additional evidence - new
evidence consisted substantially of business’s trading records - held: to
permit plaintiff to rely on new evidence would allow it to make fundamental
change in basis of case - much of the preparation undertaken by defendants would
be wasted - defendants would be subjected to significantly more cost, delay and
anxiety - plaintiff would not be able to compensate defendants for financial
consequences of being given leave to reopen - no explanation to justify giving
leave - leave refused - notice of motion dismissed.
Jewelsnloo
Pty Ltd
|
Kyaw Nyunt (deceased) [2015] SASC 14
Supreme
Court of South Australia
Gray
J
Wills
– deceased left document of testamentary nature in Burmese language – widow of
deceased sought grant of letters of administration – applicant submitted
document did not appoint executor and that, if it were a Will, it would be
wholly ineffective in disposing of deceased’s Australian estate – held:
document was not a Will under Pt 3 Wills
Act 1936 (SA) - grant of letters of administration of
deceased’s estate made to applicant - dispensation order under s67 Administration and Probate Act 1919 (SA)
made – interests of deceased’s children in deceased’s estate appropriately protected.
Kyaw
Nyunt
|
Terravision Pty Ltd v Black
Box Control Pty Ltd [No 2]
[2015] WASC 66
Supreme
Court of Western Australia
Le
Miere J
Pleadings
- dispute arising out of licence agreement entered by parties - plaintiff
claimed defendant had not informed or notified it of transactions it was obliged
to give notice of and had not paid plaintiff in respect of those transactions -
plaintiff sought to strike out paragraphs of defendant’s amended substituted
defence - held: certain subparagraphs were not permissible aids to construction
of agreement, thereby raised irrelevant issues or failed to state defendant’s
case with reasonable particularity - certain subparagraphs struck out.
Terravision
Pty Ltd
|
Where
They Lived
By Thomas Hardy
Dishevelled
leaves creep down
Upon that bank
to-day,
Some green, some yellow, and some pale brown;
The wet bents
bob and sway;
The once warm slippery turf is sodden
Where we
laughingly sat or lay.
The summerhouse
is gone,
Leaving a weedy
space;
The bushes that veiled it once have grown
Gaunt trees
that interlace,
Through whose lank limbs I see too clearly
The nakedness
of the place.
And where were
hills of blue,
Blind drifts of
vapour blow,
And the names of former dwellers few,
If any, people
know,
And instead of a voice that called, “Come in, Dears,”
Time calls,
“Pass below!”
Thomas Hardy
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