| Cassegrain
v Gerard Cassegrain & Co Pty Ltd (HCA) - real property - Torrens
system land - indefeasibility of title - fraud - agency - appeal allowed in
part
(I B C) |
| Commissioner
of Taxation v Arnold (No 2) (FCA) - taxation - tax
exploitation scheme - civil penalty regime - declarations
(B G) |
| Russo
v Russo (NSWSC) - equity - joint venture between parties
established - account in common form ordered
(I B C) |
| Carlyon
v Town & Country Pubs No. 2 Pty Ltd T/A Queens Hotel Gladstone (QSC)
- negligence - hotel patron injured in fall downstairs when removed from hotel
- hotel owners not liable
(I) |
| Gallagher
v Destiny Publishing Pty Ltd (WASC) - contempt of court
by defendant in defamation action not established
(I) |
| A,
DC v Prince Alfred College Incorporated (SASC) - negligence - claim
against college for sexual abuse by housemaster - claim dismissed
(I) |
| Fisher
v Tony Innaimo Transport Pty Ltd (ACTSC) - workers
compensation - worker did not have single state or territory connection -
matter remitted
(I) |
| 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 (I B C) |
Commissioner of Taxation v
Arnold (No 2)
[2015] FCA 34
Federal
Court of Australia
Edmonds
J
Taxation
- civil penalty regime - Commissioner sought declaratory relief and civil
penalties pursuant to s290-50(3) Sch 1 Taxation
Administration Act 1953 (Cth) - Commissioner sought declaration that first
respondent engaged in conduct that resulted in himself, second respondent and
third respondent being a promoter of a tax exploitation scheme in contravention
of s290-50(1) - Commissioner also sought declaration that second and third
respondents engaged in conduct that resulted in it being a promoter of a tax
exploitation scheme - consideration of “Civil Penalties” provisions of Subdiv
290-B Sch 1 - held: Commissioner entitled to declaratory relief - penalties
assessed.
Commissioner
of Taxation (B G) |
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 (I B C) |
Carlyon v Town & Country
Pubs No. 2 Pty Ltd T/A Queens Hotel Gladstone [2015] QSC 13
Supreme
Court of Queensland
A
Lyons J
Negligence
- plaintiff injured as result of a fall down front steps of hotel as he was
being evicted by security staff - plaintiff sued hotel owners on basis injuries
were result of assaults and negligence of the security staff during eviction,
and failure of defendants to provide a safe system of security - s 92(1)(a) Evidence Act 1977 (Qld) - Liability Regulation 2003 (Qld) (Reprint
1A) - ss165(1) 165(2) & 165(3) Liquor
Act 1992 (Qld) - held: Court not satisfied failures, which may or may not
have existed in hotel’s security policies in relation to use of restraints,
caused or contributed to fall - most likely cause of fall was plaintiff’s resistance
to being removed - claim dismissed.
Carlyon (I) |
Gallagher v Destiny Publishing
Pty Ltd
[2015] WASC 40
Supreme
Court of Western Australia
K
Martin J
Contempt
- defamation action - plaintiffs sought committal of second defendant for
contempt of court pursuant to O55 r4
Rules of the Supreme Court 1971 (WA) - two ex parte emails sent to
Associate with alleged deliberate intent that they be read by judge and were
contemptuous by interfering with the administration of justice - held: plaintiffs
failed to establish beyond reasonable doubt the contempt offences - plaintiffs
established some highly unsatisfactory conduct on second defendant’s part.
Gallagher (I) |
A, DC v Prince Alfred
College Incorporated
[2015] SASC 12
Supreme
Court of South Australia
Vanstone
J
Negligence
- limitations - plaintiff claimed that in 1962 housemaster sexually assaulted
him at school and elsewhere “in the course of his employment” at college -
plaintiff claimed college liable for injury, loss and damage, either because it
owed him a non-delegable duty of care, or because it breached its duty of care
in employing housemaster and failing to have adequate systems in place to
protect him, or because it was vicariously liable for housemaster’s criminal
conduct - held: plaintiff failed to prove college was negligent - Court unable
to make finding of negligence in absence of evidence from witnesses who had direct
responsibility for boarders and knowledge of relevant circumstances and events
- Court unable to find that what college did to address situation once
discovered was other than in accordance with the prevailing standards of the
time - it was not proved that the sexual abuse occurred within the course of housemaker’s
employment so as to make the college vicariously liable - Court would have
declined to extend time to institute proceedings because of actual prejudice
suffered by college from lapse of time since relevant events - claim dismissed.
A,
DC (I) |
Fisher v Tony Innaimo
Transport Pty Ltd
[2015] ACTSC 1
Supreme
Court of the Australian Capital Territory
Burns
J
Workers
compensation - Magistrate determined that appellant worker’s territory or state
of connection for purposes of worker’s compensation was NSW - worker contended that
the state or territory of connection was the ACT - workers compensation
entitlements in NSW were less generous than in the ACT - held: Magistrate erred
in determining that there was a single territory or state, being NSW, where worker
was usually based for purposes of employment - worker worked out of two depots,
one in ACT, the other in NSW - neither could be said to be place where worker
was usually based for the purposes of employment - matter remitted to further
consider test under s36B Workers
Compensation Act 1951 (ACT).
Fisher (I) |
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
|
