A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Friday, 6 February 2015
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Executive Summary (One Minute Read)
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| Cassegrain
v Gerard Cassegrain & Co Pty Ltd (HCA) - real property - Torrens
system land - indefeasibility of title - fraud - agency - appeal allowed in
part
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| Russo
v Russo (NSWSC) - equity - joint venture between parties
established - account in common form ordered
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| Summaries With Link (Five Minute Read) |
Cassegrain
v Gerard Cassegrain & Co Pty Ltd
[2015] HCA 2
High Court of Australia
French CJ; Hayne, Bell, Gageler &
Keane
Real property - Torrens system land - fraud
- agency - respondent company transferred land to appellant wife and husband as
joint tenants - husband was company’s director - consideration to be satisfied
by debiting husband’s loan account with company - husband knew company did not
owe money in loan account - debit not recorded in company's books until after
transfer registered - husband subsequently transferred land to wife for nominal
consideration - company sought to recover title from wife as sole registered
proprietor - ss42(1), 100(1), 118(1) Real
Property Act 1900 (NSW) - appellant’s title as joint proprietor with
husband not defeasible on account of husband’s fraud - husband not appellant’s
agent - registration as joint tenant did not mean that appellant’s title
defeasible - appellant not a bona fide purchaser for value of husband’s interest
in land - company could recover interest which appellant derived from husband,
which was an interest as tenant in common as to half - appeal allowed in part.
Cassegrain |
Russo v Russo [2015] NSWSC 17
Supreme
Court of New South Wales
Slattery
J
Equity
- joint venture - plaintiffs made claim for account in common form in relation
to alleged joint venture in land development - developers resisted claim on
basis no relationship existed between them - alternatively defendants claimed
that that if there were a joint venture they had already given an account to plaintiffs
by provision of balance sheets and profit and loss statements - held: joint
venture made between natural persons who were parties to proceedings, not their
companies - Court did not uphold defendant’s defences that accounts had already
been provided, their limitation defence, or other discretionary arguments -
defendants ordered to provide joint venture accounts to plaintiffs - account in
common form ordered.
Russo |
Willow
Poem
by
William Carlos Williams
It
is a willow when summer is over,
a
willow by the river
from
which no leaf has fallen nor
bitten
by the sun
turned
orange or crimson.
The
leaves cling and grow paler,
swing
and grow paler
over
the swirling waters of the river
as
if loath to let go,
they
are so cool, so drunk with
the
swirl of the wind and of the river-
oblivious
to winter,
the
last to let go and fall
into
the water and on the ground.
William
Carlos Williams
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