| Sauber
Motorsport AG v Giedo van der Garde (VSCA) – arbitration – no
error in enforcement of foreign arbitral award |
| Dielos
v Barrie (SASC) - contract for sale of land – dismissal of claim for
return of deposit - appeal dismissed |
| Marshall
v Tasmanian Perpetual Trustees Ltd (TASFC) – Wills – succession –
proper construction of Will – appeal dismissed |
| Summaries With Link (Five Minute Read) |
Sauber
Motorsport AG v Giedo van der Garde BV
[2015] VSCA 37
Court of Appeal of Victoria
Whelan, Beach & Ferguson JJA
Arbitration – primary judge found there
were no grounds to refuse to enforce foreign arbitral award in which critical
dispositive provision required respondent to refrain from depriving first
application of entitlement to particular as driver in 2015 Formula One Season –
ss2D, 8 & 39 International
Arbitration Act 1974 (Cth) – uncertainty – futility – legality and safety –
natural justice – position of other drivers - held: leave to appeal granted –
no error in decision of trial judge – appeal dismissed.
Sauber
|
Dielos
v Barrie [2015]
SASC 31
Supreme Court of South Australia
Blue J
Contract for sale of land - Magistrate
dismissed appellant’s claim to recover deposit paid under contract for purchase
of land – contract was subject to condition precedent that subdivisional development
approval be granted from certain date - special condition not satisfied -
plaintiff wrote to respondent’s agent requesting return of deposit - parties subsequently
executed addendum providing for amendment of contract to delete special
condition, reduce purchase price and extend settlement date - appellant claimed
that in executing addendum he was acting on another person’s behalf and
disclosed this to respondent’s agent - purchase not completed - respondent
purported to terminate contract - held: on proper construction appellant’s
letter terminated contract - Magistrate’s finding that appellant did not
disclose he was acting for another person in signing addendum not overturned -
no basis to conclude entry into addendum vitiated by appellant being forced to
do so - appeal dismissed.
Dielos
|
Marshall
v Tasmanian Perpetual Trustees Ltd
[2015] TASFC 2
Full Court of the Supreme Court of
Tasmania
Blow CJ; Porter & Estcourt JJ
Wills – succession – appeal from decision
in which primary judge answered executor’s questions on construction of
deceased’s Will - competing propositions as to part of Will dealing with remainder
of estate – whether gifts to testator’s sisters vested upon testator’s death - surviving children then living - held:
primary judge’s conclusion as to proper construction of Will was correct –
answers to questions correct – no appealable error in reaching conclusion,
whether by application of rules of construction, interpretation of rules of
intestacy, redundancy of words in Will or otherwise – appeal dismissed.
Marshall
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