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Dansar Pty Ltd v Byron
Shire Council (NSWCA) - negligence - pure economic loss
- delay in obtaining development approval - no duty of care owed by Council
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Cornerstone Property
& Development Pty Ltd v Suellen Properties Pty Ltd (QSC)
- equity - trusts and trustees - director of company caused another company to
enter contract for purchase of land - no breach of fiduciary duties
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J M Kelly (Project
Builders) Pty Ltd v Toga Development No. 31 Pty Ltd (No 6)
(QSC) - pleadings - building contract - leave to file and serve fifth amended
statement of claim
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| Summaries With Link (Five Minute Read) |
Dansar Pty Ltd v Byron
Shire Council
[2014] NSWCA 364
Court of Appeal of New South Wales
Macfarlan, Meagher & Leeming JJA
Negligence - pure economic loss - Council assessed spare
capacity in treatment plant and resolved to allocate capacity to new
developments - company sought approval of development of property it owned -
deemed refusal of application - company's appeal dismissed by Land and
Environment Court - company lodged new applications which were approved - company
alleged Council breached duty of care to it and claimed damages for economic
loss as result of delay in approving its application - trial judge held Council
did not owe posited duty of care - held (by majority): asserted duty of care
incompatible with Council's unconstrained exercise of its statutory functions
and obligations - no reliance or assumption of responsibility - no relevant
vulnerability - at no time was company relying on assurance from Council that
it would allocate available capacity in particular way and exercise reasonable
care in doing so - company had no right to have any further load committed to
sewerage system - company did not have any right or interest, the enjoyment of
which depended on exercise of care by Council, or existence of which depended
on exercise of care by Council in performance of function it was obliged to
undertake - appeal dismissed.
Dansar Pty Ltd
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Cornerstone Property
& Development Pty Ltd v Suellen Properties Pty Ltd [2014] QSC 265
Supreme Court of Queensland
Jackson J
Equity - trusts and trustees - plaintiff company entered
contract for purchase of land – second defendant was director and shareholder
of company – both other directors resigned – one of the other directors was
only other shareholder – other directors told second defendant their business
dealings were at an end – second defendant allowed contract to purchase land to
lapse – second defendant was sole director of first defendant - second
defendant caused first defendant to enter new contract on same terms as
plaintiff's contract – plaintiff claimed second defendant acted in breach of
fiduciary duty or duty under ss181(1) or 182(1) Corporations Act 2001 (Cth) as director of plaintiff in causing
first defendant to enter contract to buy lot and in proceeding with project -
claims against first defendant were based on liability of a person who had
received and become chargeable with trust property, or who had assisted with
knowledge in a dishonest and fraudulent design on part of the trustees, or who
was the company alter ego of a defaulting director - held: second defendant did
not act in breach of fiduciary duty without informed consent - second defendant
acted in good faith in best interests of plaintiff and for a proper purpose and
did not improperly use her position as a director of the plaintiff - plaintiff
not entitled to the relief it claimed against either the first or second
defendants.
Cornerstone Property & Development
Pty Ltd
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J M Kelly (Project
Builders) Pty Ltd v Toga Development No. 31 Pty Ltd (No 6) [2014] QSC 262
Supreme Court of Queensland
Flanagan J
Pleadings - applicant sought leave to file and serve a
proposed fifth further amended statement of claim - most significant amendment
sought was addition of paragraphs which pled that liquidated damages provisions
of a building contract between applicant and defendant was void and of no
effect as a penalty - delay - whether pleadings inconsistent with prior court
rulings - held: leave granted to file and deliver a fifth amended statement of
claim containing the penalty plea - leave granted to file and deliver amended
reply and answer which cross-referenced to penalty plea - any plea in relation
to variation claim to be pleaded in accordance with Court's reasons.
J M Kelly (Project Builders) Pty Ltd
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