| Huationg (Asia) Pte Ltd v Lonpac Insurance Bhd (SGHC) - insurance contract - Work Injury Compensation Insurance Policy - insurer entitled to recover sum it paid to estate of deceased employee
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| Australian Securities and Investments Commission v Sino Australia Oil and Gas Ltd (prov liq apptd) (FCA) - bankruptcy and insolvency - administrators’ appointment valid - former administrators entitled to remuneration
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| R Developments Pty Ltd v Forth (ACTSC) - building contract - builder not entitled to insist that owners provide evidence of capacity to pay amount required under contract
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| Paul Blacket SC and Peter Neil SC on Malicious Prosecution |
| Wrongly convicted person awarded substantial damages. |
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| Summaries With Link (Five Minute Read) |
Huationg (Asia) Pte Ltd v Lonpac Insurance Bhd [2015] SGHC 326
High Court of Singapore
George Wei J
Insurance contract - appeal against decision in which District Judge allowed insurer’s appeal against employer for sum paid pursuant to Work Injury Compensation Insurance Policy - construction of ‘Motorcycling Exception’ in ‘Travelling Extension’ - construction of ‘Avoidance and Recovery’ clause - whether insurer entitled to recover what it had paid to estate of deceased employee - public interest - statutory allocation of risk - Red hand rule - Work Injury Compensation Act - held: Court affirmed decision of District Judge that insurer was entitled to recover sum it paid - appeal dismissed.
Huationg
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Australian Securities and Investments Commission v Sino Australia Oil and Gas Ltd (prov liq apptd) [2016] FCA 42
Federal Court of Australia
Davies J
Bankruptcy and insolvency - ASIC sought declaration that appointment of former administrators as administrators of first respondent was invalid - former administrators sought orders for remuneration - ss435A, 436A, 447A & 449E Corporations Act 2001 (Cth) - whether improper purpose - held: Board gave genuine consideration to question of insolvency - administrators’ appointment valid - former administrators entitled to remuneration to be determined pursuant to s449E.
ASIC
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R Developments Pty Ltd v Forth [2016] ACTSC 8
Supreme Court of the Australian Capital Territory
Mossop AsJ
Building contract - action arising out of written contract for construction of residence - plaintiff was builder and defendants were owners - builder terminated for alleged failure to comply with contractual requirement to supply evidence of owners’ capacity to pay required amount - whether builder’s termination valid - held: builder not entitled to insist that Owners provide evidence of capacity to pay amount or to rely on alternative provision to support validity of termination of the contract - owners entitled only to nominal damages in relation to claim for damages for repudiation.
R Developments
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