Insurance Wednesday, 8 April 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)
Waterhouse v Independent Commission Against Corruption (No.3) (NSWSC) - judicial review - ICAC not obliged to investigate complaint - proceedings dismissed
Netline Pty Ltd v QAV Pty Ltd [No 2] (WASC) - contract - ineffectual termination of letting and services agreement - damages to be assessed
Summaries With Link (Five Minute Read)
Waterhouse v The Independent Commission Against Corruption (No.3) [2015] NSWSC 261
Supreme Court of New South Wales
Garling J
Judicial review - plaintiff sought orders compelling ICAC to undertake investigation and public inquiry into allegations of serious corrupt conduct made by plaintiff to ICAC in 2012 - plaintiff contended ICAC had duty to investigate under Independent Commission Against Corruption Act 1988 (NSW) - statutory interpretation - ss10 & 20 - held: Court unable to accept Act imposed duty or obligation on ICAC to investigate any complaint made to it - Act did not oblige ICAC to investigate 2012 complaint - Court not satisfied plaintiff demonstrated conduct of ICAC in declining to investigate complaint was unreasonable - proceedings dismissed.
Netline Pty Ltd v QAV Pty Ltd [No 2] [2015] WASC 113
Supreme Court of Western Australia
Beech J
Contract - plaintiffs owned apartment in complex - defendant manager provided caretaking and letting services to Ascot Village - owners and manager were parties to agreement for provision of letting services by manager in respect of apartment - manager purported to terminate agreement - owners claimed notice of termination was ineffectual and sought specific performance - held: there was no implied term entitling manager to terminate agreement on reasonable notice - manager had no right to terminate agreement - specific performance not granted - damages to be assessed.