| Medallion Homes Pty Ltd v Lares Homes Pty Ltd (FCA) - interlocutory injunction - consumer law - copyright - injunction restraining reproduction of floor plans and construction of display home refused (I B C) |
| Jobema Developments Pty Ltd v Zhu (NSWSC) - real property - conveyancing - vendor refused permission to rescind off the plan contract for sale under sunset clause (I B C) |
| Jetobee Pty Ltd (in liq) v Smith & Young Pty Ltd (NSWSC) - possession - contract - stay of writ of possession refused (B C) |
| Re Estate Ford; Application for Executor’s Commission (NSWSC) - will and estates - review of deputy registrar’s determination of application for allowance of commission out of estate refused (B BW) |
| Re Gillam (VSC) - wills and estates - application by mother’s attorney for authorisation to make statutory will - authorisation granted (B) |
| Lanai Unit Holdings P/L v Mallesons Stephen Jacques (QSC) - security for costs - solicitors’ duties - trade practices - defendant solicitors granted security for past and future costs in amount of $450, 000 (I B C) |
| ELS v Countrywide Nominees Pty Ltd (WASCA) - negligence - slip and fall - CCTV footage did not ‘incontrovertibly’ contradict primary judge’s findings of fact - appeal dismissed (I C) |
| Summaries With Link (Five Minute Read) |
Medallion Homes Pty Ltd v Lares Homes Pty Ltd [2016] FCA 12
Federal Court of Australia
Besanko J
Interlocutory injunction - consumer law - copyright - corporations - applicant sought interlocutory injunction restraining respondents from reproducing floor plans and constructing display home- applicant contended respondents copied its plans and also sought to restrain respondents from making allegedly misleading or deceptive representations on website and promotional material - Australian Consumer Law - s35 Copyright Act 1968 (Cth) - Corporations Act 2001 (Cth) - prima facie case - balance of convenience - held: applicant’s causes of action failed to support grant of interlocutory injunction - balance of convenience in respondents’ favour - application dismissed.
Medallion (I B C)
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Jobema Developments Pty Ltd v Zhu [2016] NSWSC 3
Supreme Court of New South Wales
Black J
Real property - conveyancing - plaintiff vendor sought order under 66ZL Conveyancing Act 1919 (NSW) permitting it to rescind off the plan contract for sale with fourth defendant under sunset clause - ss15, 16, 66ZL, 66ZL(4), 66ZL(6) & 66ZL(7) - Conveyancing Amendment (Sunset Clauses) Act 2015 (NSW) - “sunset date” - whether just and equitable to grant leave - whether purchaser consented to rescission - whether plaintiff acted unreasonably or in bad faith - reason for delay in creating subject lot - effect of rescission on purchaser - whether reasons for rescission established - held: permission to rescind contract refused - application dismissed.
Jobema (I B C)
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Jetobee Pty Ltd (in liq) v Smith & Young Pty Ltd [2016] NSWSC 5
Supreme Court of New South Wales
Lindsay J
Possession - defendant sought stay of writ of possession in relation to land - defendant had filed notice of intention to appeal but no notice of appeal - application based on defendant’s entry into contract for sale of land - if contract completed, plaintiff's mortgage could be paid out - plaintiff doubted defendant’s bona fides and whether contract would be completed - plaintiff also claimed entitlement to fruits of judgment - held: Court concluded grounds of plaintiff’s opposition told against defendant’s application of stay - notice of motion dismissed.
Jetobee (B C)
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Re Estate Ford; Application for Executor’s Commission [2016] NSWSC 6
Supreme Court of New South Wales
Lindsay J
Wills and estates - plaintiff executor-beneficiary of deceased aunt’s Will sought review of deputy registrar’s determination of application under s86 Probate and Administration Act 1898 (NSW) for allowance of commission out of estate - whether plaintiff should be allowed commission out of small estate - who should bear litigation costs - held: Court considered application afresh, reasons of deputy registrar, evidence, deputy registrar’s determination, reasons for decision and whether any error in reasoning or decision-making - no error requiring intervention with determination - deputy registrar’s determination in reasonable bounds - interests of justice best served by dismissal of application - application dismissed except in relation to agreed adjustment.
Re Estate Ford (B BW)
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Re Gillam [2016] VSC 5
Supreme Court of Victoria
McMillan J
Wills and estates - statutory will - plaintiff attorney of mother sought orders pursuant to s21 Wills Act 1997 (Vic) for making of a statutory will on mother’s behalf - proposed will made no provision for defendant husband - whether mother had testamentary capacity - whether proposed will reflected what mother’s intentions would be likely to be, or would reasonably be expected to be - whether reasonable in all circumstances to authorise making of statutory will - held: Court satisfied in relation to matters under s21B - no reason for Court not to exercise discretion to authorise making of proposed will - authorisation granted.
Re Gillam (B)
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Lanai Unit Holdings P/L v Mallesons Stephen Jacques [2016] QSC 2
Supreme Court of Queensland
Jackson J
Security for costs - plaintiff trustee sued defendant solicitors in negligence or under s82 Trade Practices Act 1974 (Cth) for contravention of s52 - defendant sought security for costs - no dispute order for security should be made - amount of security - stage of proceeding to which security should be ordered - delay in bringing application - past and future costs - s15 Civil Proceedings Act 2011 (Qld) - s1335 Corporations Act 2001 (Cth) - rr 5, 670, 671 & 681 Uniform Civil Procedure Rules 1999 (Qld) - held: plaintiff to give security for defendant’s future costs up to end of mediation stage - total amount of security for past and future costs of application $450,000.
Lanai (I B C)
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ELS v Countrywide Nominees Pty Ltd [2016] WASCA 4
Court of Appeal of Western Australia
Buss, Murphy & Mazza JJA
Negligence - appellant claimed she slipped on oil deposited by cooking station which respondent used to cook products offered to shoppers - appellant claimed respondent negligently allowed oil to drop and negligently failed to properly clean it - primary judge dismissed claim - appellant contended CCTV footage incontrovertibly demonstrated findings on cause of slip and fall were erroneous. s79 District Court of Western Australia Act 1969 (WA) - s79C Evidence Act 1906 (WA) - s58 Supreme Court Act 1935 (WA) - held: CCTV footage did not ‘incontrovertibly’ contradict primary judge’s findings of fact - primary judge’s findings were amply justified - findings not ‘glaringly improbable’ or ‘contrary to compelling inferences’ - appeal dismissed.
ELS (I C)
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