| Roads and Maritime Services v Allandale Blue Metal Pty Ltd (NSWCA) - environment and planning - compensation to owner of acquired land - appeal against award upheld in part - award reduced
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| South Sydney Junior Rugby League Club Ltd v Gazis (NSWCA) - negligence - workplace injury - security guard injured at work when moving trolleys - club and employer not liable - appeals allowed
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| Gutnick v Indian Farmers Fertiliser Cooperative Ltd (VSCA) - arbitration - equity - fraudulent misrepresentation - enforcement of foreign arbitral award - leave to appeal refused
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| Break Fast Investments Pty Ltd v Gravity Ventures Pty Ltd (No 2) (VSC) - stay - trusts and trustees - joint venture - no change in material circumstances - application to lift permanent stay refused
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| Cato Brand Partners Pty Ltd v Air India Ltd (VSC) - corporations - application to wind up company on basis of insolvency refused
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| Edwards v Romaguera (QCA) - pleadings - motor vehicle accident - no error in refusal of leave to amend pleadings or refusal of reimbursements of costs - appeal dismissed
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| Summaries With Link (Five Minute Read) |
Roads and Maritime Services v Allandale Blue Metal Pty Ltd [2016] NSWCA 7
Court of Appeal of New South Wales
Basten & Ward JJA; Sackville AJA
Environment and planning - predecessor to appellant acquired land - respondent (ABM) owned acquired land which it leased to quarrying company (QPN) - ABM and QPN claimed compensation - appellant appealed against judgment in which primary judge ordered payment of $3,387,796 to ABM - s88E Conveyancing Act 1919 (NSW) - s115B Environmental Planning and Assessment Act 1979 (NSW) - ss4, 55, 56, 57, 58, 59 & 61 Land Acquisition (Just Terms Compensation) Act 1991 (NSW) - ss19, 24, 57 Land and Environment Court Act 1979 (NSW) - s117 Public Works Act 1900 (NSW) - ss10, 46, 49 Roads Act 1993 (NSW) - held: appeal upheld against award for reduction in value of timbered land - amount awarded to ABM reduced to $3,115,171 - appeal allowed in part.
Roads and Maritime Services
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South Sydney Junior Rugby League Club Ltd v Gazis [2016] NSWCA 8
Court of Appeal of New South Wales
Basten, Macfarlan & Simpson JJA
Negligence - workplace injury - appellant club contracted with company (Sermacs) to provide security - Sermacs obtained services of respondent from company (MPS) to work as security guard - respondent injured while working at club when moving trolleys - respondent sued Sermacs and club in negligence and later sued employer (MPS) for workplace injury under Workers Compensation Act 1987 (NSW) - claim against Sermacs settled - club and MPS cross-claimed against Sermacs for contribution - MPS in liquidation - proceedings continued against Workers Compensation Nominal Insurer - Sermacs changed name and went into liquidation - proceedings continued against insurer (HCC) - primary judge found for respondent against club and employer - Sermacs found not liable for contribution - club and MPS appealed - held: club owed duty of care to respondent as occupier - exercise of reasonable care did not require direction to desist from moving trolleys - club not negligent - MPS owed non-delegable duty of care to its employee - MPS breached duty of care by not investigating respondent’s work environment but breach did not cause harm - MPS not liable - judgment against Workers Compensation Nominal Insurer set aside - appeals allowed.
South Sydney Junior Rugby League Club Ltd
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Gutnick v Indian Farmers Fertiliser Cooperative Ltd [2016] VSCA 5
Court of Appeal of Victoria
Warren CJ; Santamaria & Beach JJA
Arbitration - equity - fraudulent misrepresentation - judge granted respondents’ application under s8(2) International Arbitration Act 1974 (Cth) to enforce foreign arbitral award which declared agreements involving sale of shares rescinded for fraudulent misrepresentation and ordered return of purchase price - applicants contended in reliance on s8(7)(b) that enforcement of award would be contrary to public policy - double recovery - Art 36(1)(b)(ii) UNCITRAL Model Law on International Commercial Arbitration - held: award conformed with public policy - application for leave to appeal had no prospects of success - leave to appeal refused.
Gutnick
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Break Fast Investments Pty Ltd v Gravity Ventures Pty Ltd (No 2) [2016] VSC 30
Supreme Court of Victoria
Judd J
Stay - trusts and trustees - joint venture - primary judge concluded property held by plaintiff on express trust for members of joint venture - plaintiff sought to reopen case - defendant sought permanent stay on ground proceeding abuse of process - stay granted - plaintiff sought that stay be lifted - whether ‘change in circumstances since the making of the original order’ - held: plaintiff did not establish material change in circumstances - plaintiff advanced no factors or circumstances which would support a change in case’s status by lifting stay - application refused.
Break Fast Investments Pty Ltd
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Cato Brand Partners Pty Ltd v Air India Ltd [2016] VSC 28
Supreme Court of Victoria
Efthim As J
Corporations - winding up - statutory demand - plaintiff sought to wind up defendant on grounds of insolvency pursuant to s583 Corporations Act 2001 (Cth) - defendant opposed application on the basis it was not indebted to plaintiff and not insolvent - presumption of insolvency if company did not comply with demand under Pt 5.7 - proper law of contract between parties - limitations - estoppel - whether balance sheets of defendant had acknowledged debt - held: plaintiff did not discharge onus to demonstrate debt included in balance sheets - defendant demonstrated debt upon which statutory demand based was not due - company was solvent because it was supported by Government of India - application dismissed.
Cato
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Edwards v Romaguera [2016] QCA 16
Court of Appeal of Queensland
Holmes CJ, McMurdo P & Gotterson JA
Pleadings - motor vehicle accident - reimbursement of costs - appellant injured in motor vehicle accident in which liability was admitted - appellant appealed against refusal of leave to amend statement of claim and for reimbursement of costs pursuant to ss42(1) & 51 Motor Accident Insurance Act 1994 (Qld) - r22 Motor Accident Insurance Regulation 2004 (Qld) - Uniform Civil Procedure Rules 1999 (Qld) - held: no error in primary judge’s exercise of discretion to refuse leave to amend - no basis for primary judge to have adjourned application - no error in refusal of application for costs - appeal dismissed.
Edwards
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