| 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 (I B C)
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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 (B C)
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| Cheikho v Nationwide News Pty Ltd (No 4) (NSWSC) - defamation - determination of remaining issues by Court not jury - defence of qualified privilege failed - damages awarded in sum of $100 000 (I)
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| Clarke v State of New South Wales (No 5) (NSWSC) - pleadings - plaintiff either did not understand or failed to comply with obligations in relation to pleadings - leave to file further amended statement of claim refused (I)
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| Mandie v Memart Nominees Pty Ltd (VSCA) - pleadings - trusts and trustees - leave to amend statement of claim in respect of ‘specified beneficiary allegations’ (B)
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| Jeffrey v Giles (No 2) (VSC) - costs - costs orders not set aside - no basis for relief pursuant to s29 Civil Procedure Act 2010 (Vic) - plaintiffs awarded costs on indemnity basis (I B)
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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 (I B C)
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| Paul Blacket SC and Peter Neil SC on Malicious Prosecution |
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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 (I B C)
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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 (B C)
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Cheikho v Nationwide News Pty Ltd (No 4) [2016] NSWSC 29
Supreme Court of New South Wales
McCallum J
Defamation - action arising from publication of articles in newspaper concerning protest in park in response to film ‘Innocence of Muslims’ - jury found plaintiff succeeded in relation to one article - remaining issues for determination by Court, not jury - whether article published on an occasion of qualified privilege - determination of amount of damages to be awarded - 22(3) Defamation Act 2005 (NSW) - held: plaintiff defence of qualified privilege at common law failed - plaintiff awarded damages of $100,000.
Cheikho (I)
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Clarke v State of New South Wales (No 5) [2016] NSWSC 28
Supreme Court of New South Wales
Schmidt J
Pleadings - plaintiff sued state for wrongful arrest, false imprisonment and malicious prosecution - plaintiff also brought proceedings against magistrate for conspiracy - plaintiff sought to file further amended statement of claim pursuant to leave granted by Garling J - State contended proposed pleading did not address deficiencies identified by Garling J and Harrison AsJ - whether plaintiff satisfied onus for grant of leave - held: State had no case to meet in proceedings - plaintiff unable to understand and comply with requirements in relation to pleadings or refused to accept what obligations involved - application refused.
Clarke (I)
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Mandie v Memart Nominees Pty Ltd [2016] VSCA 4
Court of Appeal of Victoria
Kyrou, Ferguson & McLeish JJA
Pleadings - trusts and trustees - applicants sought to appeal from refusal of leave to amend statement of claim - applicants also sought to challenge costs order - amendments sought to impugn respondent’s declarations regarding beneficiaries’ rights under trust - s63(1) Civil Procedure Act 2010 (Vic) - prospects of success - whether application of wrong test - held: no error in application of test in refusal of leave to amend statement of claim - leave to appeal and appeal allowed in respect of ‘specified beneficiary allegations’ -leave to appeal refused in respect of ‘conflict of interest’ allegations.
Mandie (B)
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Jeffrey v Giles (No 2) [2016] VSC 2
Supreme Court of Victoria
McDonald J
Costs - Court gave judgment for plaintiffs - defendant sought to set aside costs orders on basis of breaches of Civil Procedure Act 2010 (Vic) and sought findings on matters the subject of findings, or which could have been subject of findings by judge who made original costs order - ss18, 21, 22, 23, 24, 29 Civil Procedure Act - s 40(2) Defamation Act 2005 (Vic) - s60(1) Supreme Court Act 1986 (Vic) - rr26.08(2)(b) & 46.04(1).Supreme Court (General Civil Procedure) Rules 2005 (Vic) - held: defendant did not establish allegations against plaintiffs and legal representatives - no basis to grant relief pursuant to s29 application - plaintiffs awarded costs on indemnity basis pursuant to s40(2)(a) Defamation Act 2005 (Vic).
Jeffrey (I B)
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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 (I B C)
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