Banking Monday, 16 March 2015 View in browser

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


Executive Summary (One Minute Read)
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.
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.
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.