A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Insurance, Banking, Construction & Government
Thursday, 29 January 2015
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Executive Summary (One Minute Read)
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Ruckschloss
v Simmons (ACTSC) - judicial review - appeal from
answer to separate question dismissed (C G)
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Ruckschloss
v Simmons (ACTSC) - judicial review - appeal from
answer to separate question dismissed (C G)
| Summaries With Link (Five Minute Read) |
Pittwater Council v
Keystone Projects Group Pty Ltd [2014] NSWSC 1791
Supreme Court of New South Wales
Hallen J
Security of payments - Council sought determination that
adjudicator's determination was not a good faith exercise on part of
adjudicator of responsibilities under s22 Building
and Construction Industry Security of Payment Act 1999 (NSW) and was
therefore void - held: adjudicator carried out task entrusted to him in good
faith and gave reasons for his conclusion - adjudicator considered the matters
he was required to consider in s22(2) - adjudicator lawfully exercised
functions required for making of a valid determination under s22 -
determination not void - no reason to restrain first defendant from taking
steps to enforce determination, or to restrain second defendant from issuing
adjudication certificate pursuant to s24 in respect of determination - summons
dismissed.
Pittwater Council
(C) |
Neale v Commonwealth
Bank of Australia
[2014] NSWCA 443
Court of Appeal of New South Wales
Leeming JA
Appeal - competency - bank was successful judgment
creditor in proceedings brought by applicant and his company - bank sought that
appeal be dismissed as incompetent or for want of prosecution - requirement
that, if well-funded, sophisticated, regular litigant is to object to
competency of appeal brought by litigant in person, objection should be made
promptly - ability to fund appeal - held: bank had not explained why it did not
make prompt objection - extension of time to seek dismissal of proceedings as
incompetent refused - appeal not self-evidently hopeless - severe prejudice if
applicant denied right of appeal on merits of very substantial judgment - there
had been some explanation for delay and non-compliance with Court procedure -
no particular prejudice to bank - guillotine order made.
Neale
(B) |
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