| Australian Pipe & Tube Pty Ltd v QBE Insurance (Australia) Ltd (FCA) - interlocutory application - corporations - insurance - equitable assignment - leave to commence proceedings against company in liquidation and to join it as respondent (I B C) |
| Scott v Wondal (NSWSC) - pleadings - possession - bankruptcy - claim for possession in respect of property which formed part of defendant’s estate - no standing to file defence - defence struck out - leave to move for default judgment (B C) |
| Estate Yee (NSWSC) - wills and estates - succession - layman’s handwritten “will” admitted to probate with, and as codicil to, earlier professionally prepared, typed will (B) |
| The Commissioner of The Australian Federal Police v Vo (NSWSC) - proceeds of crime - forfeiture order - resolution of issues in relation to cash - construction of s49(3) Proceeds of Crime Act 2002 (Cth) (I B) |
| Meales Concrete Pumping Pty Ltd v Probuild Constructions (Aust) Pty Ltd (VSC) - corporations - statutory demand - amount claimed in statutory demand was a ‘debt’ for purposes of s459E Corporations Act 2001 (Cth) - demand not set aside - proceeding dismissed (B C) |
| Davies v Nilsen (VSC) - limitation of actions - motor vehicle accident - ‘just and equitable’ to extend time for plaintiff to bring claim for damages against defendant (I G) |
| In the Estate of Darren Pike (Deceased) (SASC) - wills and estates - orders dispensing with the requirement to pay over money to Public Trustee and to postpone realisation of property (B) |
| Summaries With Link (Five Minute Read) |
Australian Pipe & Tube Pty Ltd v QBE Insurance (Australia) Ltd [2015] FCA 1135
Federal Court of Australia
Beach J
Interlocutory application - corporations - insurance - joinder - equitable assignment - first applicant (APT) sought leave to commence proceedings against second applicant company in liquidation (ITM) pursuant to s500(2) Corporations Act 2001 (Cth) and that ITM be joined as respondent - claim against respondent QBE depended partly on assignment of rights under insurance policy to which ITM was named insured - assignment made under deed to which ITM and APT were parties - held: sole purpose of proposed joinder was to ensure any judgment bound ITM preventing it from pursuing QBE for same claims - APT did not seek relief against ITM - no objection by liquidators - APT had offered usual undertaking - grant of leave and joinder granted.
Australian Pipe (I B C)
|
Scott v Wondal [2015] NSWSC 1577
Supreme Court of New South Wales
Davies J
Pleadings - real property - possession - bankruptcy - standing - plaintiff was joint and several trustee of defendant’s bankrupt estate - plaintiff sought possession defendant’s property which formed part of the bankrupt estate - plaintiff sought to strike out defendant’s defence pursuant to Possession List Practice Note without filing of Notice of Motion - held: defendant had no standing where claim for possession sought in respect of property forming part of defendant’s bankrupt estate - even if defendant had standing, defence did not disclose any defence known to law - defence struck out - plaintiff granted leave to move for default judgment.
Scott (B C)
|
Estate Yee [2015] NSWSC 1574
Supreme Court of New South Wales
Lindsay J
Wills and estates - succession - competing applications for grant of representation relating to deceased’s estate - at time of death deceased was married to but estranged from, defendant - defendant was one applicant for grant - second competing application made by first plaintiff supported by second plaintiff - first and second plaintiffs were deceased’s siblings - competing applications determined by construction of two testamentary instruments - first instrument in time was typewritten “will” drawn by solicitor - second was handwritten “will” prepared by deceased - held: deceased intended handwritten instrument to take effect as codicil to typed instrument - layman’s handwritten “will” admitted to probate with, and as codicil to, earlier professionally prepared, typed will - orders made.
Estate Yee (B)
|
The Commissioner of The Australian Federal Police v Vo [2015] NSWSC 1523
Supreme Court of New South Wales
Schmidt J
Proceeds of crime - forfeiture - order previously made under s19 Proceeds of Crime Act 2002 (Cth) in relation to cash seized from defendant - order subsequently vacated - Commissioner sought forfeiture orders under s49 - construction of s49(3) - resolution of issues in relation to cash - whether defendant’s motion had been withdrawn for purposes of s49 - held: cash was proceeds and instrument of offence under s400.9 of the Criminal Code - defendant’s construction of s49 not accident - defendant’s motions under ss31 & 73 did not fall under s49(3) - even if s31 motion fell under s49(3) it had been withdrawn - parties to confer and provide orders in accordance with conclusions.
The Commissioner (I B)
|
Meales Concrete Pumping Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2015] VSC 594
Supreme Court of Victoria
Randall AsJ
Corporations - statutory demand - defendant was head contractor under construction subcontract - plaintiff guaranteed performance of subcontractor under construction subcontract agreement - plaintiff pursuant to s459G Corporations Act 2001 (Cth) sought to set aside statutory demand - issue was whether amount set out in statutory demand was a ‘debt’ as word used in s459E - ‘debt’ not defined in the Act - held: Court satisfied that amount in statutory demand was a ‘debt’ for purposes of 459E - amount was ascertainable and calculated by agreement between parties to subcontract, payable within 10 business days of show cause notices - time for payment expired prior to service of statutory demand - proceeding dismissed.
Meales (B C)
|
Davies v Nilsen [2015] VSC 584
Supreme Court of Victoria
J Forrest J
Limitation of actions - plaintiff involved in motor vehicle collision in November 1995 when car was struck from behind by car driven by defendant - plaintiff took no steps to prosecute case against defendant until late 2007 - plaintiff sought leave to bring claim out of time pursuant to s23A Limitation of Actions Act 1958 (Vic) - effect of serious injury process laid down by s93 Transport Accident Act 1986 (Vic) on delay - degree of prejudice suffered by defendant and insurer (Transport Accident Commission) - state of knowledge and delay - potential claim against former solicitor - onus - held: weighing considerations Court concluded it was ‘just and equitable’ to plaintiff to bring her case out of time notwithstanding delay in advising Transport Accident Commission as to existence of claim.
Davies (I G)
|
In the Estate of Darren Pike (Deceased) [2015] SASC 166
Supreme Court of South Australia
Stanley J
Wills and estates - succession - intestacy - deceased died intestate - deceased survived by his two daughters under 18 years - daughters were beneficiaries - applicant was deceased’s mother and administrator of estate with sole parental responsibility for daughters - applicant sought order under s67 Administration and Probate Act 1919 (SA) dispensing with requirement to pay over money to Public Trustee and order under s64 to postpone realisation of property until daughters attained 18 - held: in all circumstances Court satisfied orders sought should be made as beneficiaries would be properly protected - beneficial to beneficiaries’ interests and expedient that funds due to them be administered by applicant - postponement of sale would be of advantage to estate’s due and proper administration and protect beneficiaries’ interests - orders made.
Pike (B)
|
