A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Insurance, Banking, Construction & Government

Thursday, 15 January 2015

Executive Summary (One Minute Read)
Nominal Defendant v Ismail (NSWCA) - negligence - motor vehicle accident - inadmissible evidence - retrial on liability (I)
Summaries With Link (Five Minute Read)
Shaw v Yarranova Pty Ltd [2014] FCAFC 171
Full Court of the Federal Court of Australia
Bennett, Flick & Yates JJ
Bankruptcy - respondent as nominee for company (MAB) sold apartment to appellant - respondent assigned benefit of contract to another company - appellant failed to pay balance of purchase price - appellant’s claim for specific performance of contract dismissed - judgment entered in favour of respondent and MAB (‘judgment creditors’) - appellant contended judgment creditors suffered no loss or damage - appellant contended judgment creditors falsely represented they were part of group of companies owned by MAB and that they committed a “fraud” by falsely representing they had been held out of funds and unable to invest money - judgment creditors served bankruptcy notice on appellant - appellant appealed against sequestration order - ss43, 52 & 153B Bankruptcy Act 1966 (Cth) - absence of evidence of fraud - refusal to go behind judgment - refusal of disqualification application - held: grounds of appeal not made out - application to adduce further evidence dismissed - appeal dismissed.
Shaw (B)