Daily Banking: Friday, 12 February 2016
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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)
CGU Insurance Ltd v Blakeley (HCA) - joinder - Supreme Court of Victoria had authority to join insurer and grant relief sought - appeal dismissed
Stollery v Stollery (NSWSC) - succession - claim by adult son for family provision from late father’s estate - estrangement - failure to disclose financial position - claim refused
Sheehan v Brett-Young (No. 3) (VSC) - pleadings - misfeasance in public -office - malicious prosecution - plaintiff’s claims not assigned to trustee in bankruptcy and could be maintained in proceedings against State and regulatory defendants
The Salvation Army v Jarvis (VSC) - statutory interpretation - accident compensation - Magistrate erred in setting aside notice issued by insurer refusing to pay weekly payments to worker
Benchmark Television
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Richard Perry QC with Christopher Wood on Directors’ Duties
Richard Perry QC and Christopher Wood discuss the dangers that arise when directors fix their own remuneration. (Jones v Invion Limited)
Summaries With Link (Five Minute Read)
CGU Insurance Ltd v Blakeley [2016] HCA 2
High Court of Australia
French, Kiefel, Bell & Keane JJ
Joinder - corporations - insurance - claim under s588M Corporations Act 2001 (Cth) in which plaintiffs were liquidators and company in liquidation who alleged company’s directors breached s588G by failing to prevent company from incurring debts when it was insolvent - defendants’ insurer sought leave to appeal against order joining it as a defendant - Court of Appeal of Victoria dismissed appeal - insurer appealed - whether Supreme Court of Victoria authorised to entertain claim for declaration that defendant’s insurer liable to indemnify defendant - held: Supreme Court of Victoria had federal jurisdiction authorising it to entertain claim - Supreme Court of Victoria had power to grant relief sought in respect of insurance contract between directors and insurer - appeal dismissed.
CGU Insurance
Stollery v Stollery [2016] NSWSC 54
Supreme Court of New South Wales
Stevenson J
Succession - family provision - plaintiff sought family provision pursuant to s59 Succession Act 2006 (NSW) from estate of late father - estrangement - disclosure of financial position - held: Court not satisfied deceased did not make adequate provision - plaintiff had not placed accurate statement of financial position before Court - plaintiff and deceased estranged for almost 25 years before deceased died - Court not satisfied modest provision made in deceased’s Will inadequate - summons dismissed.
Sheehan v Brett-Young (No. 3) [2016] VSC 39
Supreme Court of Victoria
John Dixon J
Pleadings - misfeasance in public office - malicious prosecution - plaintiff sought to file substitute proposed statement of claim - plaintiff claimed misfeasance in public office against regulatory defendants and malicious prosecution against State - plaintiff claimed damages and loss - regulatory and State defendants contested application - State contended proposed malicious prosecution claim had ‘no real prospect of success’ and should not be permitted - effect of plaintiff’s bankruptcy on claims - whether maintainable claims - ss58, 60(4), 116(1), 116(2)(c) & 116(2)(g) Bankruptcy Act 1966 (Cth) - held: claims not assigned to plaintiff’s trustee in bankruptcy by ss58 &116 - claims may be maintained by plaintiff subject to issues yet to be determined as to form of pleading.
The Salvation Army v Jarvis [2016] VSC 34
Supreme Court of Victoria
Riordan J
Statutory interpretation - accident compensation - respondent worker employed by appellant - Magistrate set aside notice issued by insurer as Victorian WorkCover Authority’s agent, of determination pursuant to s114(2A) Accident Compensation Act 1985 (Vic) not to pay weekly payments to worker - employer appealed - held: Magistrate erred in setting aside insurer’s decision by taking into account irrelevant consideration and not exercising discretion on basis of evidence and according to law - insurer entitled not to resume payments if preconditions in s114(2A) satisfied - no issue preconditions satisfied - insurer had exercised its discretion - no basis for court to re-exercise discretion.
The Salvation Army
Poem for Friday (Recitation here by David Tang)
Lola Ridge, 1873

The earth is motionless
And poised in space …
A great bird resting in its flight
Between the alleys of the stars.
It is the wind’s hour off ….
The wind has nestled down among the corn ….
The two speak privately together,
Awaiting the whirr of wings.

Lola Ridge