|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 (I B C)
|Bailey v Illawarra Shoalhaven Local Area Health District (NSWSC) - medical negligence - application to rely on expert report refused (I)
|Beslic v MLC Ltd (NSWSC) - evidence - admissibility - advance rulings - premature for Court to decide appropriateness issue - parties to being in short minutes of order (I B)
|Bruce v Smale (NSWSC) - transfer of proceedings - proceedings transferred to Land and Environment Court of New South Wales (I B)
|Eversden Pty Ltd v Miladi (QCA) - judgments and orders - negligence - contract - erroneous exercise of discretions - appeal allowed (I)
|Carey v Carey (QSC) - Wills and estates - probate of lost Will - orders made (B)
|Randles v Australia & New Zealand Banking Group Ltd (WASCA) - judgments and orders - loans and mortgages - suspension of enforcement of judgment against guarantors refused (B)
|Summaries With Link (Five Minute Read)
|Cook Building and Development Pty Ltd v Citicorp International Ltd  FCA 703
Federal Court of Australia
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 (I B C)
|Bailey v Illawarra Shoalhaven Local Area Health District  NSWSC 910
Supreme Court of New South Wales
Medical negligence - plaintiff’s son born with cerebral palsy - son died in adulthood from complications of cerebral palsy - plaintiff claimed for cost of past gratuitous domestic services and attendant care provided to deceased during his lifetime and until his death - plaintiff sought to rely on doctor’s report - held: report was irrelevant to issues - expert’s opinion in report not strictly an expert opinion - report provided late - application to rely on report rejected.
|Beslic v MLC Ltd  NSWSC 908
Supreme Court of New South Wales
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 (I B)
|Bruce v Smale  NSWSC 907
Supreme Court of New South Wales
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 (I B)
|Eversden Pty Ltd v Miladi  QCA 126
Court of Appeal of Queensland
Holmes & Phillipides JJA, A Lyons J
Judgments and orders - respondent commenced proceedings against company claiming damages for personal injury caused by its negligence and breach of contract - respondent obtained default judgment with damages to be assessed - company deregistered - limitation period applicable to respondent’s claim expired on 31/1/14, three years after date of alleged injury - respondent obtained orders under Uniform Civil Procedure Rules 1999 (Qld) setting aside default judgment, that appellant be added as second defendant, and granting leave to amend pleadings after expiration of limitation period - held: primary judge erred in exercise of discretions - not open to primary judge to exercise discretion to allow appellant to be joined as party under r69, nor to grant leave under r367 to make proposed amendments - no utility in setting aside the default judgment under r290 - appeal allowed.
|Carey v Carey  QSC 197
Supreme Court of Queensland
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.
|Randles v Australia & New Zealand Banking Group Ltd  WASCA 138
Court of Appeal of Western Australia
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.