Daily Banking: Friday, 10 July 2015 View in browser
For optimised viewing please add "benchmark@benchmarkinc.com.au" to your safe senders list.
AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Banking

Executive Summary (One Minute Read)
Allianz Australia Insurance Ltd v Haddad (NSWCA) - insurance - expiry of home insurance policy - denial of claim - insurer did not breach contract or engage in misleading or deceptive conduct - appeal allowed
EHL Burgess Properties Pty Ltd v Commissioner of State Revenue (VSC) - taxation - land tax assessment - ‘primary production land exemption’ - appeal successful
Sidameneo (No.456) Pty Ltd v Plint (WASC) - interlocutory injunction - sale of medical practice - breach of restraint of trade clause - injunction granted
Summaries With Link (Five Minute Read)
Allianz Australia Insurance Ltd v Haddad [2015] NSWCA 186
Court of Appeal of New South Wales
Beazley P; Meagher & Ward JJA
Insurance - Australian Consumer Law - respondent insured by appellant insurer under annual contracts of home insurance - 2008-2009 policy expired in July 2009 and not renewed - insurer did not send renewal notice to respondent and did not indicate it did not intend to renew policy - respondent believed policy extended or renewed - in September 2010 respondent made claim for damage to property that occurred in August 2010 - insurer denied claim on basis there was no current home insurance policy - primary judge found insurer breached 2008-2009 contract and engaged in misleading and deceptive conduct and gave judgment for respondent - ss20, 21, 22 Competition and Consumer Act 2010 - held: no breach or repudiatory conduct by insurer - no misleading or deceptive conduct - insurer’s conduct did not justify expectation policy would automatically be renewed - “statutory” policy arose as result of insurer’s failure to comply with s58(2) Insurance Contracts Act 1984 by not providing notice of expiry of 2008-2009 policy - statutory policy only continued until July 2010 - malicious damage subject of respondent’s claim occurred after expiry of statutory policy - appeal allowed.
Allianz
EHL Burgess Properties Pty Ltd v Commissioner of State Revenue [2015] VSC 295
Supreme Court of Victoria
Croft J
Taxation - land tax - appeal under s106 Taxation Administration Act 1997 (Vic) against assessment to land tax made by Commissioner under Land Tax Act 2005 (Vic) (LTA)  - whether any land identified in assessment entitled to a ‘primary production land’ exemption from land tax pursuant to s65 LTA - principal effect of ss64 & 65 LTA to grant exemption from land tax where land used primarily for primary production and was outside ‘greater Melbourne’ area - no dispute land used for primary production  - whether land lay outside ‘greater Melbourne’ - statutory construction - held: based on language in LTA Act and Melbourne and Metropolitan Board of Works Act 1958 (Vic) ‘greater Melbourne’ did not include any municipal districts in Cities or Shires in Third Schedule of MMBW Act except City of Melbourne - only land owned by appellant within ‘greater Melbourne’ was Whittlesea City Council land - appeal successful to extent pursued.
EHL
Sidameneo Pty Ltd v Plint [2015] WASC 243
Supreme Court of Western Australia
Beech J
Interlocutory injunction - restraint of trade - contract - defendant sold medical practice to first plaintiff - sale agreement included clause restraining defendant from practicing medicine within specified geographical area for specified period - defendant took up practice in breach of clause - plaintiffs sought interlocutory injunction restraining defendant from acting in breach of clause pending trial - held: Court satisfied first plaintiff demonstrated prima facie case that restraint imposed by clause was reasonable and enforceable - balance of convenience favoured grant of injunction - interlocutory injunction granted.
Sidameneo
From: Auguries of Innocence
By William Blake

To see a World in a Grain of Sand
And a Heaven in a Wild Flower 
Hold Infinity in the palm of your hand 
And Eternity in an hour

William Blake