| Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 3) (FCA) - leave to intervene - Attorney General for Western Australia granted leave to intervene in proceedings |
| Wallaby Grip Ltd v Key (NSWSC) - cross-vesting - proceedings in Dust Diseases Tribunal removed to Supreme Court and cross-vested to Supreme Court of Queensland |
| Melreef Pty Ltd v Glenn (WASCA) - contract - agistment of cattle - no inferred contract for payment for services - appeal dismissed |
| Summaries With Link (Five Minute Read) |
Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 3) [2015] FCA 542
Federal Court of Australia
Edelman J
Leave to intervene - Attorney General for Western Australia sought leave to intervene in proceedings - application limited to making submissions concerning construction of contractual provisions of State Agreement - parties to State Agreement included State of Western Australia, Mineralogy, Sino Iron and Korean Steel - State Agreement was Sch1 to Iron Ore Processing (Mineralogy Pty Ltd) Agreement Act 2002 (WA) - Mineralogy claimed State had no ‘direct interest’ in proceedings and that it should not be given leave to intervene - r9.12 Federal Court Rules 2011 - held: Court satisfied State had sufficient interest in the subject matter for leave to be granted to intervene - construction of Agreement in light of facilities deeds might have real and substantial effect on rights of State - leave granted to intervene in proceedings. Mineralogy
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Wallaby Grip Ltd v Key [2015] NSWSC 699
Supreme Court of New South Wales
Davies J
Cross-vesting - proceedings between injured worker and respondents in Dust Diseases Tribunal settled - cross-claims between three respondents remained - plaintiffs sought orders pursuant to Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) that proceedings be removed to Court and transferred to Supreme Court of Queensland - availability of s25 Dust Diseases Tribunal Act 1989 (NSW) which had no counterpart in some other jurisdictions within Australia - held: Court satisfied it was appropriate proceedings be cross-vested to Queensland because of clear relationship between issues and jurisdiction of Queensland - orders made to bring proceedings from Dust Diseases Tribunal into Court to enable cross-vesting to occur.
Wallaby
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Melreef Pty Ltd v Glenn [2015] WASCA 111
Court of Appeal of Western Australia
Martin CJ; Newnes & Murphy JJA
Contract - inferred contract - primary judge’s dismissed appeal from decision in which Magistrate dismissed appellant’s action against respondent for fees owing to it for agistment of respondent’s cattle - appellant claimed primary erred in holding that Magistrate’s findings of fact were sufficient basis for concluding respondent did not intend to contract with appellant - appellant also claimed primary judge erroneously concluded that Magistrate attached appropriate weight to all relevant facts and that no facts would invalidate inference that respondent did not intend to contract - held: it was clearly open to magistrate to conclude there was no inferred agreement that respondent would pay for appellant’s services - primary judge did not err in dismissing the appeal from magistrate’s decision - appeal dismissed.
Melreef
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Song: “Under the greenwood tree”
BY William Shakespeare
(from As You Like It)
Under the greenwood tree
Who loves to lie with me,
And turn his merry note
Unto the sweet bird’s throat,
Come hither, come hither, come hither:
Here shall he see
No enemy
But winter and rough weather.
Who doth ambition shun
And loves to live i’ the sun,
Seeking the food he eats,
And pleased with what he gets,
Come hither, come hither, come hither:
Here shall he see
No enemy
William Shakespeare |
