| Agripower
Barraba Pty Ltd v Blomfield (NSWCA) – real property –
fixtures - ownership and entitlement to possession of items on land – appeal
allowed in part |
| Sharkey
v Mayahi-Nissi (NSWSC) – injunction – property dispute –
party restrained from leaving country and to deliver up passports |
| Queensland
Bulk Handling Pty Ltd v Peabody (Wilkie Creek) Pty Ltd (QSC)
– contract – agreement for terms of use of facility – parties bound by option
term |
| QUBE
Logistics (Vic) Pty Ltd v United Equipment Pty Ltd (WASC)
– corporations – statutory demand – demand set aside |
| Summaries With Link (Five Minute Read) |
Agripower Barraba Pty Ltd v
Blomfield
[2015] NSWCA 30
Court
of Appeal of New South Wales
Bathurst
CJ, Beazley P & Sackville AJA
Real
property - fixtures - energy company sought declaration it was true owner of
plant and equipment on land and orders to permit removal of items - occupiers
of property agreed if disputed items were not fixtures they would permit their
removal from property – appellant challenged primary judge’s finding disputed
items were fixtures – quicquid plantatur
solo solo cedit - intention of parties – degree of annexation - held:
certain disputed items should not be regarded as fixtures – appeal allowed in
part – declaration made that appellant was owner of disputed items and entitled
to immediate possession thereof.
Agripower
Barraba Pty Ltd
|
Sharkey v Mayahi-Nissi [2015] NSWSC 104
Supreme
Court of New South Wales
McDougall
J
Injunction
- first plaintiff and defendant formerly in de facto relationship – dispute
concerned entitlement to ownership in property – defendant sought order that
first plaintiff be restrained from leaving the country – whether there was an
equitable debt or demand - whether respondent to application was likely to
leave country without giving bail or security – writ of ne exeat colonia – held: Court satisfied defendant had good
arguable case as to equitable cause of action –first plaintiff had engaged in
deceptive conduct and intended to leave country once evidence completed – first
plaintiff restrained from leaving country and to deliver up passports.
Sharkey
|
Queensland Bulk Handling Pty
Ltd v Peabody (Wilkie Creek) Pty Ltd
[2015] QSC 37
Supreme
Court of Queensland
P
McMurdo J
Contract
– plaintiff operated coal export terminal – defendant was coal mining company
which used facility – parties made written agreement for terms and conditions
of use which contained provision for possible further term – plaintiff claimed
parties were contractually bound for further term – defendant denied parties
bound – proper interpretation of option term
– obtain agreement in principle –
parties’ intention to be bound - objective construction of contract – held: plaintiff’s case upheld – parties bound to enter
agreement for option term on substantially same terms as agreement –
declaration made.
Queensland
Bulk Handling Pty Ltd
|
QUBE Logistics (Vic) Pty Ltd
v United Equipment Pty Ltd
[2015] WASC 70
Supreme
Court of Western Australia
Master
Sanderson
Corporations
– plaintiff lessee and defendant lessor were parties to rental agreements for
forklifts - term of rental agreements that defendant would carry out all maintenance
and repairs on forklifts - plaintiff sought to set aside statutory demand
served on it by defendant in respect of invoices rendered for rental –
plaintiff had decided forklifts were not fit for the purpose they were hired
and were unsafe or potentially unsafe – plaintiff claimed it was unable to use
the forklift and quantified its loss as more than amount of statutory demand -
held: plaintiff had raised off-setting claim greater than amount of statutory demand
– demand set aside.
QUBE
Logistics (Vic) Pty Ltd
|
