|White v Forster (NSWSC) - professional negligence - limitation of actions - advocates' immunity - claims against solicitor and barrister struck out (I)
|Banks v Alphatise Pty Ltd (NSWSC) - pleadings - corporations - leave to amend statement of claim - strike-out application refused (I B)
|In the matter of Elsmore Resources Ltd (NSWSC) - failure to comply with order to pay security for costs - motion for dismissal of proceedings adjourned (B)
|Monadelphous Engineering Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd (QCA) - equity - no error in refusal to grant interlocutory injunction restraining respondent from calling on bank guarantees - appeal dismissed (B C)
|Fletcher v Fortress Credit Corporation (Australia) II Pty Ltd (QSC) - discovery - legal professional privilege - certain documents to be produced for inspection (I B)
|McInnes v Davies (SASC) - contract for sale of residential property - caveat extended until purchaser's claim for specific performance of contract determined (B)
|Electricity Generation and Retail Corporation t/as Synergy v Woodside Energy Ltd (WASC) - commercial arbitration - sale and purchase agreement - leave to appeal from arbitral award fixing gas price refused (B C)
|Summaries With Link (Five Minute Read)
|White v Forster  NSWSC 1767
Supreme Court of New South Wales
Professional negligence - solicitors' duties - plaintiffs sued solicitor and barrister for professional negligence - solicitor and barrister sought to have proceedings struck out pursuant to r13.4 Uniform Civil Procedure Rules 2005 (NSW) on basis they were statute barred pursuant to s14 Limitation Act 1969 (NSW) and on basis of advocate's immunity - held: claim against barrister statute-barred and struck out - if Court wrong that claim against barrister was statute-barred, Court would nevertheless strike out claim on basis it was precluded by advocate's immunity - claim against solicitor not clearly statute-barred - bases of claim against solicitor either work done in court or work out of court that led to decision that affected conduct of case in court - claim precluded against solicitor by immunity - claim against solicitor struck out.
|Banks v Alphatise Pty Ltd  NSWSC 1437
Supreme Court of New South Wales
Pleadings - corporations - plaintiff sued defendants for relief arising out of agreement between first defendant and plaintiff - plaintiff alleged first defendant did not perform agreement - alternatively, plaintiff alleged term of agreement amounted to representation as to future matter which was misleading and deceptive because first defendant did not have reasonable grounds for making it - sole case against second defendant was that he was knowingly concerned in making of misrepresentation - second defendant sought dismissal of proceedings against him or that paragraphs of statement of claim be struck out - original statement of claim did not contain distinct allegation that second defendant knew first defendant did not have reasonable grounds for making representation - held: facts from which it was contended an inference of actual knowledge should be drawn were not required to be pleaded - leave to amend statement of claim granted - strike out application refused.
Banks (I B)
|In the matter of Elsmore Resources Ltd  NSWSC 1687
Supreme Court of New South Wales
Security for costs - third defendant sought dismissal of plaintiff's claim against him because plaintiff failed to comply with order that it provide security for costs - held: plaintiff had not provided security as required by orders - effect of orders was that proceeding was stayed - third defendant had demonstrated that continuation of proceedings against him was likely to cause continuing damage to his reputation - in the circumstances, not appropriate to make order for dismissal - equally inappropriate to dismiss notice of motion - qualms flowed from inadequate notice given to plaintiff - possibility that lack of notice contributed to any misjudgment made by plaintiff may be resolved by plaintiff being given short additional time to provide security for costs - motion adjourned.
In the matter of Elsmore Resources Ltd (B)
|Monadelphous Engineering Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd  QCA 330
Court of Appeal of Queensland
Muir, Fraser & Morrison JJA
Equity - primary judge refused application by appellants for interlocutory injunction to restrain respondent from calling on bank guarantees supplied by appellants under two contracts and seeking return of bank guarantees - primary judge held there was no serious question to be tried and that interlocutory injunction should be refused because damages were an adequate remedy - held: interlocutory injunction refused in relation to one contract - serious question to be tried whether other contract was a building contract as defined in s67AAA(1) Queensland Building and Construction Commission Act 1991 (Qld) - serious question to be tried whether appellants entitled to injunction restraining respondent from having recourse to guarantees - no evidence that refusal of an interlocutory injunction would cause material harm to appellant - primary judge did not err in refusing to grant an interlocutory injunction - appeal dismissed.
Monadelphous Engineering Pty Ltd (B C)
|Fletcher v Fortress Credit Corporation (Australia) II Pty Ltd  QSC 303
Supreme Court of Queensland
P McMurdo J
Discovery - legal professional privilege - plaintiffs sued defendants alleging breaches of statutory and fiduciary duties arising out of collapse of group of companies - plaintiffs sought production of documents disclosed by Fortress defendants - defendants claimed legal professional privilege over documents - rr5, 166(3) & 213 Uniform Civil Procedure Rules 1999 (Qld) - dominant purpose - sufficiency of proof of claim for privilege - held: requisite purpose established in relation to documents - plaintiffs did not establish a prima facie case of an impropriety on the part of Fortress as to make it right to deprive it of legal professional privilege in documents relevant to certain transaction - certain documents to be produced for inspection.
Fletcher (I B)
|McInnes v Davies  SASC 184
Supreme Court of South Australia
Contract - sale of residential property - contract subject to condition that purchaser obtain finance by certain date, which did not occur - vendors sent email to agent enclosing signed termination notice addressed to purchaser with instruction to return purchaser's deposit - notice not given at that time nor was deposit returned - bank emailed vendors' agent copy of letter to purchaser advising finance approved - on same day vendors executed contract with third party to purchase property - purchaser asserted at date of bank's letter contract still on foot and had become unconditional - purchaser lodged caveat over property and sought specific performance of contract and extension of caveat - District Court rejected application pursuant to ss191G and/or 191K Real Property Act 1886 (SA) to extend caveat over land until purchaser's claim for specific performance of contract was determined at trial - held: no dispute that purchaser had caveatable interest in property - nothing in purchaser's conduct justified judge in depriving him of protection of caveat pending trial of action - judge's conclusion that balance of convenience did not favour extending caveat was failure to properly exercise discretion - appeal allowed.
|Electricity Generation and Retail Corporation t/as Synergy v Woodside Energy Ltd  WASC 469
Supreme Court of Western Australia
Commercial arbitration - buyer sought leave to appeal from an arbitral award fixing price at which gas will would be sold to buyer by sellers pursuant to provisions of sale and purchase agreement - leave to appeal sought on ground there were manifest errors of law on the face of the award which could substantially affect buyer's rights - construction of provision of agreement - adequacy of reasons - ss29, & 38 Commercial Arbitration 1985 (WA) - held: buyer failed to establish any error of law manifest on the face of the award - application for leave to appeal refused.
Electricity Generation and Retail Corporation t/as Synergy (B C)