Insurance Thursday, 5 March 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


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Executive Summary (One Minute Read)
Chen v Monash University (FCA) – human rights – claims of sex discrimination and sexual harassment unsustainable – application dismissed
In the matter of Imperium Projects Pty Ltd (NSWSC) - costs - interlocutory proceedings - derivative action - orders
EWC Payments Pty Ltd v Commonwealth Bank of Australia (VSC) - security for costs - further security in favour of bank in reduced amount 
Blakeney v Blakeney (WASC) - corporations - asset split agreement - leave granted to bring derivate action on behalf of company
Summaries With Link (Five Minute Read)
Chen v Monash University [2015] FCA 130
Federal Court of Australia
Tracey J
Human rights – sexual discrimination – applicant made claims of sex discrimination and sexual harassment against University and senior academic staff – s46PO, Pt IIB Human Rights and Equal Opportunity Act 1986 (Cth) – ss5, 14, 28A, 28B, 94, 105, & 106 Sex Discrimination Act 1984 (Cth) – onus – credit - held: Court lacked jurisdiction to entertain claims of victimisation because it was a criminal offence - sex discrimination claims without foundation – some allegations fanciful – each allegation unsustainable – application dismissed.
In the matter of Imperium Projects Pty Ltd [2015] NSWSC 123
Supreme Court of New South Wales
Black J
Costs - interlocutory proceedings - derivative action - Court granted plaintiff leave to bring derivative proceedings in respect of some but not all matters in respect of which he sought leave - ss181, 182, 237, 242, 500, 1317E & 1317H Corporations Act 2001 (Cth) - s98(1) Civil Procedure Act 2005 (NSW) - held: proper order for costs was that portion of costs of application would be plaintiff’s costs of substantive proceedings - plaintiff would recover those costs if derivative proceedings successful - orders made granting leave to bring derivative action - second and third defendants to pay half of plaintiff’s costs of application for leave if substantive proceeding successful against first defendant.
In the matter of Imperium Projects Pty Ltd
EWC Payments Pty Ltd v Commonwealth Bank of Australia [2015] VSC 53
Supreme Court of Victoria
Cameron J
Security for costs - bank sought further security for costs in relation to proceedings brought by first plaintiff pursuant to r62.02 Supreme Court (General Civil Procedure) Rules 2005 (Vic) and s1335 Corporations Act 2001 (Cth) - degree of overlap in parties’ claims - special circumstances - overlap between previous order for security for costs and present application - held: discretionary factors did not shut out bank from a further order for security for its costs in relation to plaintiff’s principal claim - however sum in bank’s favour very significantly reduced - plaintiff to provide further security for costs.
EWC Payments Pty Ltd
Blakeney v Blakeney [2015] WASC 73
Supreme Court of Western Australia
Master Sanderson
Corporations - derivative action - plaintiffs were directors and shareholder of company - dispute concerning asset split agreement - plaintiff sought leave pursuant to s237(1) Corporations Act 2001 (Cth) to bring action in name of company - held: plaintiff seeking to vindicate rights of company - Court satisfied plaintiff acting in good faith and that action was in best interests of company -- there was a serious question to be tried - plaintiff granted leave to bring derivative proceeding.