| McIntyre v O’Regan (NSWSC) - succession - family provision - claim for provision by adult children of deceased mother - failure to show inadequacy of provision - claims dismissed |
| Metropolitan Fire and Emergency Services Board v Yarra City Council (VSC) - environment and planning - negligence - entitlement to compensation - separate question - Court could order defendant to compensate plaintiff |
| Benchmark Television |
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| Dennis Flaherty on appealing against decisions of a trustee in bankruptcy |
| Dennis Flaherty discusses provable debts in bankruptcy and a bankrupt’s right of appeal against the decisions of a trustee in bankruptcy, both of which are issues that arose in Agresta v Trustee of Agresta [2015] FCA 46 |
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| Summaries With Link (Five Minute Read) |
McIntyre v O’Regan [2015] NSWSC 1985
Supreme Court of New South Wales
Stevenson J
Succession - family provision - plaintiffs were adult children of deceased mother - plaintiffs sought family provision from deceased’s estate - plaintiffs sought sum amounting to nearly whole value of actual estate - adequacy of provision for plaintiffs - gifts made by deceased to association and carer before her death - s59 Family Provision Act 1982 (NSW) - parties’ character and conduct - held: provision made for plaintiffs was within range of adequate provision - plaintiffs failed to show that adequate provision not made for them by deceased in Will - claims dismissed.
McIntyre
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Metropolitan Fire and Emergency Services Board v Yarra City Council [2015] VSC 773
Supreme Court of Victoria
Riordan J
Environment and planning - negligence - plaintiff acquired site from State - plaintiff claimed compensation and damages against first defendant arising from remediation of contamination on site - preliminary issue of plaintiff’s entitlement to compensation and damages - whether defendant liable for breaches of alleged duties of care and provisions of Environment Protection Act 1970 (Vic) - whether bluestone pit found on site was storage tank previously used by City for storing coal tar - liability pursuant to s62A(2) - disclosure duty - demolition duty - non-pollution duty - planning duty - statutory duty in s45(1) - causation - held: s62A(2) provided occupier who incurred costs complying with clean up notice could claim compensation from certain persons - defendant was person described in ss62A(1)(b) & (c) - Court could order defendant to compensate plaintiff - plaintiff did not establish any other causes of action.
Metropolitan
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