| Tipto Pty Ltd v Yuen (NSWCA) - employment law - restraint of trade - dismissal of claims for breach of employment agreement and confidentiality agreement - leave to appeal refused
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| Macquarie International Health Clinic Pty Ltd v Sydney Local Health District; Sydney Local Health District v Macquarie Health Corporation Ltd; Macquarie International Health Clinic Pty Ltd v City of Sydney Council (No 9) (NSWSC) - environment and planning - town planning - development consent for hospital and works at site had not lapsed - plaintiff entitled to declaration
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| Coles v Dormer (No 2) (QSC) - damages - breach of copyright in house plans - determination of balance of relief following remedial works - additional and compensatory damages ordered - damages assessed at $70 000
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| Mayfair Property Holdings Pty Ltd v Southland Packers Pty Ltd (QSC) - contract for sale and purchase of land - separate questions - contract not terminated by operation of special condition - defendant breached contract
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| Morro v Stratton (SASC) - Wills and estates - probate - testamentary capacity - informal Will admitted to probate in solemn form
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| Wong v Reid (WASC) - administrative law - real property - strata titles - applicant order to remove wall erected on common property and to reconstitute garden - leave to appeal refused
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Dear Subscriber
1. This Benchmark Television broadcast is with Duncan Macfarlane, barrister of Sydney in discussion with Ian Benson.
2. Is a party strictly limited to its pleaded case? What is appealable surprise? Claims for bias – a trial judge need not always provide extensive reasons. This is a reasonably short session - under 14 minutes.
3. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
4. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
5. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
6. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
7. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
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| Duncan Macfarlane, Barrister of Sydney in discussion with Ian Benson on Procedural Fairness |
| Is a party strictly limited to its pleaded case? What is appealable surprise? Claims for bias – a trial judge need not always provide extensive reasons. This is a reasonably short session - under 14 minutes. |
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| Summaries With Link (Five Minute Read) |
Tipto Pty Ltd v Yuen [2016] NSWCA 21
Court of Appeal of New South Wales
Beazley P & Emmett AJA
Employment law - restraint of trade - first respondent employed by first applicant under employment agreement - applicants sued respondents alleging first respondent breached employment agreement and confidentiality agreement - primary judge dismissed claims - applicants sought leave to appeal - Restraints of Trade Act 1976 (NSW) - held: no error in primary judge's conclusions - applicants failed to raise any question of principle - leave to appeal refused.
Tipto |
Macquarie International Health Clinic Pty Ltd v Sydney Local Health District; Sydney Local Health District v Macquarie Health Corporation Ltd; Macquarie International Health Clinic Pty Ltd v City of Sydney Council (No 9) [2016] NSWSC 155
Supreme Court of New South Wales
Kunc J
Environment and planning - town planning - determination whether development consent which Land and Environment Court granted for hospital and works at site had lapsed - s95(4) Environmental Planning and Assessment Act 1979 (NSW) - statutory construction - held: “Relevant Works” were “physically commenced” pursuant to s95(4) on land to which consent applied - consent had not lapsed - plaintiff entitled to declaration.
Macquarie International |
Coles v Dormer (No 2) [2016] QSC 28
Supreme Court of Queensland
Henry J
Damages - copyright - Court found defendants infringed plaintiff's copyright in house plans - Court gave judgment for plaintiff and granted injunction requiring defendants to conduct remedial works to remove visible indicia of the replication of plaintiff's house, from the house they had constructed - remedial works now completed - determination of balance of relief to be ordered - whether compensatory and/or additional damages appropriate - ss115(2) & 115(4) Copyright Act 1968 (Cth) - held: compensatory and additional damages awarded - damages assessed at $70 000.
Coles |
Mayfair Property Holdings Pty Ltd v Southland Packers Pty Ltd [2016] QSC 27
Supreme Court of Queensland
Bond J
Contract for sale of land - leases and tenancies - defendant vendor and plaintiff purchaser contracted for sale and purchase of land (property) - property was service station subject of registered lease between defendant as lessor and BP Australia as lessee - contract for sale contained special condition acknowledging lease contained pre-emptive right of purchase of property in lessee's favour and providing that if lessee availed itself of right then contract terminated - defendant contended contract terminated pursuant to term and settled sale contract on basis lessee exercise pre-emptive right - plaintiff contended defendant breached contract and sued for breach - determination of separate questions whether contract had come to end pursuant to term and whether defendant in breach of contract - construction of contract - held: contract did not come to an end pursuant to term - defendant was in breach of contract.
Mayfair |
Morro v Stratton [2016] SASC 20
Supreme Court of South Australia
Bampton J
Probate - informal Will - plaintiffs sought admission to probate in solemn form of deceased's 2011 Will pursuant to s12(2) Wills Act 1936 (SA) - Will comprised irregular folios with typed comments, handwritten annotations, post-it note and “appendages” - testamentary capacity - earlier Wills - Registrar of Probates' concerns - ss8, 12 & 24 Wills Act 1936 (SA) - r13.08 Probate Rules 2004 (SA) - held: deceased was person of competence and understanding when he made 2011 Will - requirements of s8 satisfied except for date alteration - date alteration admitted pursuant to s12(2) - Will admitted to probate.
Morro |
Wong v Reid [2016] WASC 59
Supreme Court of Western Australia
Beech J
Administrative law - real property - strata titles - self-represented litigant - State Administrative Tribunal ordered applicant to remove wall he constructed on strata scheme's common property and to reconstitute garden on common property which it found applicant had removed - applicant sought leave to appeal - s105 State Administration Tribunal Act 2004 (WA) - ss35, 81 & 83 Strata Titles Act 1985 (WA) - held: applicant's grounds of appeal did not raise any arguable question of law - leave to appeal refused.
Wong |
