Daily Banking: Friday, 11 September 2015 View in browser
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Banking

Executive Summary (One Minute Read)
Caason Investments Pty Ltd v Cao (FCAFC) - pleadings - corporations - representative proceedings - primary judge should not have refused leave to amend statement of claim to include pleadings of ‘market-based’ causation - appeal allowed
Marmax Investments Pty Ltd v RPR Maintenance Pty Ltd (FCAFC) - contract - franchise agreement - rights and obligations in relation to operation of franchise businesses - two appeals - one appeal allowed - other appeal allowed in part
Benchmark Television
Click here to watch the video
Matthew Collins QC and Ian Benson on Defamation Law
In this edition of Benchmark Television, Matthew Collins QC and Ian Benson discuss defamation law with particular reference to the Supreme Court of Victoria’s decision in Barrow v The Herald & Weekly Times Pty Ltd [2015] VSC 263, where Mr Collins acted as counsel for the defendant. Mr Collins is also the leading author of ‘Collins on Defamation (Oxford University Press, 2014)’ and ‘The Law of Defamation and the Internet’ (Oxford University Press, 2001, 2005, 2010).
Summaries With Link (Five Minute Read)
Caason Investments Pty Ltd v Cao [2015] FCAFC 94
Full Court of the Federal Court of Australia
Gilmour, Foster & Edelman JJ
Pleadings - corporations - applicants brought representative proceeding pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) - claim under s729 Corporations Act 2001 (Cth) for compensation for loss or damage resulting from misstatement in or omission from disclosure document - primary judge refused leave to amend statement of claim to include pleadings of ‘market-based’ causation as distinct from ‘reliance-based’ causation (rejected amendments) - orders shut out applicants from pleading market-based causation in respect to ss 728-729 Corporations Act case - Group Member definition - Prospectus claims - misleading or deceptive conduct claims - Proper Test contention - Ingot contention - Profile Statement contention - Policy contention - Group Member definition contention - held: it could not be said rejected amendments which reflected causation theory were incapable of succeeding or liable to be struck out - primary judge rejected other bases on which it was contended proposed amendments should not be allowed - no basis for rejecting proposed amendments - primary judge shouldn’t have refused to grant leave to make rejected amendments - appeal allowed.
Marmax Investments Pty Ltd v RPR Maintenance Pty Ltd [2015] FCAFC 127
Full Court of the Federal Court of Australia
Middleton, Foster & Gleeson JJ
Contract - franchise agreement - Marmax Investments Pty Ltd (Marmax) and Spanline Weatherstrong Building Systems Pty Ltd (Spanline) appealed from two decisions of single judge - dispute between Spanline, Marmax and RPR Maintenance Pty Ltd (RPR) over parties’ rights and obligations in connection with Spanline franchise businesses operated by Marmax and RPR - Marmax and Spanline ordered to pay RPR damages for breach of contract - Marmax ordered to indemnify RPR for costs incurred to bring proceeding against it - Spanline to pay RPR additional damages and damages for RPR’s costs of proceedings against it - held: primary judge erred in finding contractual relationship between Marmax and RPR under sub-franchise agreement after certain date - Marmax’s conduct working in RPR’s territory during certain period did not breach sub-franchise agreement - Marmax’s “incursions” into RPR’s territory did not breach transfer of business agreement - Marmax not liable to pay damages to RPR - Marmax’s appeal allowed on certain grounds - primary judge erroneously found Spanline breached contractual obligations to RPR by not taking “reasonable and available” steps to ensure RPR’s territory remained exclusive - Spanline did not breach obligations to RPR by failing to adequately investigate RPR’s complaints about Marmax’s activities - Spanline did not breach contract by failing to demand Marmax give full disclosure of work done in RPR’s territory - permission given by Spanline to Marmax to perform work in RPR’s territory was breach of contract which caused RPR loss - Spanline’s appeal allowed in part.
On First Looking into Chapman's Homer
BY John Keats
Much have I travell'd in the realms of gold,
And many goodly states and kingdoms seen;
Round many western islands have I been
Which bards in fealty to Apollo hold.
Oft of one wide expanse had I been told
That deep-brow'd Homer ruled as his demesne;
Yet did I never breathe its pure serene
Till I heard Chapman speak out loud and bold:
Then felt I like some watcher of the skies
When a new planet swims into his ken;
Or like stout Cortez when with eagle eyes
He star'd at the Pacific—and all his men
Look'd at each other with a wild surmise—
Silent, upon a peak in Darien.