| Australian Securities and Investments Commission v Midland Hwy Pty Ltd (administrators appointed); in the matter of Midland Hwy Pty Ltd (administrators appointed) (FCA) - corporations - winding up - “land banking” scheme - deed of company arrangement set aside - first defendant company wound up |
| Construction Technologies Australia Pty Ltd v Doueihi (No. 3) (NSWSC) - landlord and tenant - development consent - notices of motion dismissed |
| SSC Plenty Road v Construction Engineering (Aust) (No 2) (VSC) - security of payments - certiorari - parts of adjudication remitted - different adjudicator not appointed for remittal |
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| Julian Sexton SC on interpreting a disability policy of insurance |
| A consideration of Birdsall v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2015] NSWCA 104. |
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| Summaries With Link (Five Minute Read) |
Australian Securities and Investments Commission v Midland Hwy Pty Ltd (administrators appointed); in the matter of Midland Hwy Pty Ltd (administrators appointed) [2015] FCA 1360
Federal Court of Australia
Beach J
Corporations - “land banking” scheme - resolution passed at second meeting of creditors of first defendant company (Midland) that it execute deed of company arrangement (DOCA) embodying proposal by second defendant company (Bilkurra) - ASIC sought pursuant to s447A Corporations Act 2001 (Cth) to set aside resolution and sought that Midland be wound up - ss435A & 445D - held: DOCA not i interests of creditors - DOCA might be unfairly prejudicial or discriminatory - aspects of DOCA imprecise and unsatisfactory - Bilkurra provided misleading picture to creditors to procure their votes - s445D(1)(a) may have been triggered if DOCA entered - public interest required winding up of Midland - orders sought by ASIC granted.
ASIC
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Construction Technologies Australia Pty Ltd v Doueihi (No. 3) [2015] NSWSC 1850
Supreme Court of New South Wales
White J
Landlord and tenant - development consent - first to fourth defendants sought declaration plaintiff (CTA) failed to do all things necessary to obtain regulatory approvals for its occupation and use of CTA premises and its manufacturing facility at premises - CTA sought directions on enforcement of order that first to fourth defendants do all things necessary to obtain approvals referred to in undertaking it gave - CTA sought order that first to fourth defendants be restrained from delaying, frustrating or hindering approval of its application under s96 Environmental Planning and Assessment Act 1979 (NSW) - held: notices of motion dismissed.
Construction
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SSC Plenty Road v Construction Engineering (Aust) (No 2) [2015] VSC 680
Supreme Court of Victoria
Vickery J
Security of payments - Court found adjudicator erred by failing to carry out function under Building and Construction Industry Security of Payment Act 2002 (Vic) - plaintiff succeeded in claim for relief of certiorari in respect of Disallowed Variation Claims and Disallowed Deduction Claims.- whether Adjudication Determination or part thereof, should be remitted and if so, to a different adjudicator - held: parts of first adjudication remitted for determination - Court not satisfied it was appropriate to direct different adjudicator to be appointed for remittal.
SSC Plenty Road
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