| Miao v Michell (FCA) - bankruptcy - bankrupt permitted to travel overseas subject to undertaking and conditions (B G) |
| Polias v Ryall (No 2) (NSWSC) - costs - defamation - indemnity costs - proportionate liability - interest on costs (I) |
| JR Consulting & Drafting Pty Ltd v Cummings (NSWSC) - costs - separate determination of liability - issue of costs not deferred until quantification of loss (I B) |
| ERO Georgetown Gold Operations Pty Ltd v Minister for Natural Resources & Mines (QSC) - renewal of mining lease with conditions - public use of road - no grounds for review - application dismissed (C G) |
| Z487 Ltd v Skelton (QSC) - private international law - contract - exclusive choice of court agreement - stay refused (I B) |
| Kasewieter v Galligan (SASC) - summary judgment - order for sale of property - extension of time to bring cross-action for property adjustment order refused (I B) |
| Bride v The Registrar of Titles (WASC) - real property - vexatious litigant - extension of caveat refused (B) |
| Summaries With Link (Five Minute Read) |
Miao v Michell [2015] FCA 22
Federal Court of Australia
Beach J
Bankruptcy - applicant applied pursuant to s178(1) Bankruptcy Act 1966 (Cth) to review trustee’s to refuse consent for her to overseas travel in accordance with s272(1)(c) - Federal Circuit Court judge refused application - held: consent to overseas travel should be given - reasons for overseas travel were genuine - trip was only for short time - applicant prepared to give undertaking to Court to return to Australia on request by trustee - not a situation where there might be considered to be incentives for applicant not to return - given applicant had now completed Statement of Affairs, overseas trip would not unduly impede administration of estate - although trustee’s decision on material before him was reasonable, changed circumstances justified setting aside decision - applicant permitted to leave Australia subject to undertakings and conditions.
Miao (B G) |
Polias v Ryall (No 2) [2015] NSWSC 1
Supreme Court of New South Wales
Rothman J
Costs - defamation - substantive judgment granted for plaintiff - plaintiff sought indemnity costs pursuant to s40 Defamation Act 2005 (NSW) on basis defendants unreasonably failed to make settlement offer and unreasonably failed to agree to plaintiff’s settlement offer - degree to which each defendant liable for costs - interest on costs - held: unreasonable of defendants to refuse plaintiff’s offer of compromise - plaintiff awarded indemnity costs - orders made determining proportionate liability of defendants as between themselves but not as to affect plaintiff’s entitlement - appropriate to make order for interest on costs - orders made.
Polias (I) |
JR Consulting & Drafting Pty Ltd v Cummings [2015] NSWSC 10
Supreme Court of New South Wales
Black J
Costs - proceedings related to ownership and control of software used in design and manufacture of items used in construction of buildings - principal judgment determined separate question of liability - defendants and cross-claimants substantially successful - whether Court should exercise discretion to make order for costs of hearing as to liability, or defer order until after quantification of loss determined - principles applicable to cases involving multiple parties and issues - s98 Civil Procedure Act 2005 (NSW) - held: question of costs of liability stage should not be deferred - defendants did not succeed on all issues - departure from general rule that costs follow event - costs orders modified
JR Consulting & Drafting Pty Ltd (I B) |
ERO Georgetown Gold Operations Pty Ltd v Minister for Natural Resources & Mines [2015] QSC 1
Supreme Court of Queensland
Martin J
Judicial review - holder of mining lease applied to renew lease - Minister granted application subject to certain conditions concerning public use of road which traversed mining lease - applicant sought to review decision under Judicial Review Act 1991 (QSC) with particular reference to the conditions - requirements of public interest with respect to access across mining lease - ss2, 276(1)(d), 286A & 403 Mineral Resources Act 1989 (Qld) - held: applicant not denied procedural fairness - no failure to take into account relevant considerations - Minister took view that public interest required that access be maintained - conditions drawn in order to achieve that objective - Minister’s decision not shown to be unreasonable - no grounds for review - application dismissed.
ERO Georgetown Gold Operations Pty Ltd (C G) |
Z487 Ltd v Skelton [2014] QSC 309
Supreme Court of Queensland
Atkinson J
Private international law - first defendant was horticulturalist who bred kiwifruit in New Zealand - horticulturalist entered licence agreement with plaintiff company - director of company who negotiated agreement lived and worked in Australia - company sought declaration license agreement not validly terminated - horticulturalist sought declaration pursuant to s17 Trans-Tasman Proceedings Act 2010 (Cth) that claim not properly started for want of jurisdiction, order setting aside claim, and stay of proceeding, on ground New Zealand court was more appropriate forum - held: there was exclusive choice of court agreement between parties which designated Australian court to determine matters in issue - exclusive choice of court agreement not null and void - pursuant to s20(1)(b) Court must not stay proceeding before it - horticulturalist not entitled to any relief - application dismissed.
Z487 Ltd (I B) |
Kasewieter v Galligan [2015] SASC 5
Supreme Court of South Australia
Dart J
Summary judgment - parties were formerly in domestic relationship - parties were joint owners of residential property - plaintiff sought judgment in claim for sale of property and that net proceeds of sale be divided equally between parties - plaintiff also sought that defendant’s cross-action under Domestic Partners Property Act 1996 (SA) be dismissed on grounds it was substantially out of time and there was no justification for extending time - good reason to the contrary - onus - delay - held: no reasonable basis for defending plaintiff’s claim made out - order made for sale of property - no reasonable basis for extension of time to make cross-claim for property adjustment order - summary judgment granted.
Kasewieter (I B) |
Bride v The Registrar of Titles [2015] WASC 11
Supreme Court of Western Australia
Edelman J
Real property - caveats - applicant sought extension of caveat over property of second defendants in relation to which he was a vexatious litigant - 138C Transfer of Land Act 1893 (WA) - balance of convenience - held: caveat should not be extended - on the evidence, applicant did not have claim which has or may have substance - if applicant had claim it was weak - balance of convenience did not favour extension of caveat - apart from weakness of claim applicant had offered no undertaking as to damages - application dismissed.
Bride (B) |
