| Cook Building and Development Pty Ltd v Citicorp International Ltd (FCA) - pre-action discovery - prospective applicant granted leave to serve originating process and affidavits on prospective respondent in Hong Kong in People’s Republic of China |
| Beslic v MLC Ltd (NSWSC) - evidence - admissibility - advance rulings - premature for Court to decide appropriateness issue - parties to being in short minutes of order |
| Bruce v Smale (NSWSC) - transfer of proceedings - proceedings transferred to Land and Environment Court of New South Wales |
| Carey v Carey (QSC) - Wills and estates - probate of lost Will - orders made |
| Randles v Australia & New Zealand Banking Group Ltd (WASCA) - judgments and orders - loans and mortgages - suspension of enforcement of judgment against guarantors refused |
| Summaries With Link (Five Minute Read) |
Cook Building and Development Pty Ltd v Citicorp International Ltd [2015] FCA 703
Federal Court of Australia
White J
Pre-action discovery - service - prospective applicant construction company sought leave to serve originating process and affidavits on prospective respondent in Hong Kong in People’s Republic of China - whether prima facie case for order for pre-action discovery - held: requirements of r10.43(3) Federal Court Rules 2011 satisfied - no readily available alternative means by which applicant could serve proceedings - leave granted pursuant to rr10.42 & 10.43 leave to serve originating process and affidavits on prospective respondent in People’s Republic of China in accordance with the Hague Convention
Cook
|
Beslic v MLC Ltd [2015] NSWSC 908
Supreme Court of New South Wales
Robb J
Evidence - admissibility - insurance - plaintiff sued insurer for breach of policy of insurance dated under which insurer agreed to provide plaintiff insurance cover if he became totally disabled within meaning of policy - plaintiff sought advance ruling on admissibility of affidavit and expert report - appropriateness - held: Court did not propose to rule at this stage on question whether appropriate for Court to hear plaintiff’s notice of motion on its merits - premature to decide appropriateness issue - second defendant had been given leave to serve further report by expert - possible that further report would remedy shortcomings in earlier reports - rulings sought not precisely identified - parties requested to bring in short minutes of order.
Beslic
|
Bruce v Smale [2015] NSWSC 907
Supreme Court of New South Wales
Robb J
Transfer of proceedings - defendant sought order that proceedings be transferred to Land and Environment Court of New South Wales to be heard together with Land and Environment Court proceeding - plaintiff wished to proceed to hearing in this Court of application for an injunction to prevent defendant continuing in Land and Environment Court - held: Court satisfied it should make transfer sought - proceedings arose as part of the one controversy - Court not satisfied there was sufficiently strong likelihood that this Court would issue an injunction against defendant to prohibit her from prosecuting proceedings in Land and Environment Court - not in parties’ interests to risk time and costs of final determination whether injunction should issue - Land and Environment Court could deal with all issues between parties - Land and Environment Court in much better position to deal with all issues in just way - proceedings transferred.
Bruce
|
Carey v Carey [2015] QSC 197
Supreme Court of Queensland
Douglas J
Wills and estates - application for probate of lost Will - deceased died in 1989 - evidence of deceased’s children was that deceased made three Wills - whether probate should be granted of respondent’s memory of Will as it was recited to him at law firm after death of deceased - held: evidence of former partner of law firm established Will was prepared by solicitor, entered into register, placed into safe custody and kept until deceased had died - Court could safely assume Will revoked previous wills and disposed of whole of estate - terms of Will could be proved through respondent’s memory - credibility not in doubt and enhanced by willingness to disclaim further interest in estate property - Court concluded Will was duly executed in accordance with practice of firm - formal requirements under Succession Act 1981 most likely complied with - other attempts had been made to locate Will unsuccessfully - orders made.
Carey
|
Randles v Australia & New Zealand Banking Group Ltd [2015] WASCA 138
Court of Appeal of Western Australia
Newnes
JA
Judgments and orders - loans and mortgages - application for order under s15 Civil Judgments Enforcement Act 2004 suspending enforcement of judgment against guarantors of loan made by respondent to lender - whether applicant had satisfied Court there were special circumstances justifying departure from ordinary rule that successful party entitled to enforce judgment pending determination of appeal - s15 Civil Judgments Enforcement Act 2004 , held: no circumstances justifying suspension of enforcement of judgment - application dismissed.
Randles
|
