| Ogbonna v CTI Logistics Ltd (FCA) - human rights - racial discrimination - payment of allowances and superannuation - dismissal of claims - appeal dismissed
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| Linfield Developments Pty Ltd v Shuangxing Development Pty Ltd (NSWSC) - contract - development agreement - enforcement of call option - specific performance granted
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| Australian Dream Homes v Stojanovski (VSCA) - security for costs - termination of domestic building contract - evidence of impecuniosity not compelling - matters of public importance - security for costs of appeal refused
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Dear Subscriber
1. This Benchmark Television broadcast is with Peter Tomasetti SC on the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with Scott Nash of counsel.
2. The session lasts one hour, two minutes. It’s dense and it’s very good - presented by vastly experienced counsel. Not one for the children.
3. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
4. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
5. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
6. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
7. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
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| Peter Tomasetti SC on the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with Scott Nash of counsel |
| The session lasts one hour, two minutes. It’s dense and it’s very good - presented by vastly experienced counsel. Not one for the children. |
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| Summaries With Link (Five Minute Read) |
Ogbonna v CTI Logistics Ltd [2016] FCA 239
Federal Court of Australia
Barker J
Human rights - racial discrimination - Federal Circuit Court dismissed applicant's claim alleging racial discrimination under Racial Discrimination Act 1975 (Cth) against respondents and also dismissed further claim that applicant was not paid allowances and superannuation - applicant sought extension of time to appeal - whether time should be extended - whether appeal had merit - standard of review - appointment to perform first aid - role as team leader - admission of hearsay - direction to work at site - claims regarding allowances under Road Transport and Distribution Award 2010 - travelling allowance - admission of evidence - defamation - held: extension of time failed - grounds of appeal failed - appeal dismissed.
Ogbonna |
Linfield Developments Pty Ltd v Shuangxing Development Pty Ltd [2016] NSWSC 68
Supreme Court of New South Wales
Pembroke J
Contract - specific performance - plaintiff sought to enforce a call option contained in development agreement - first defendant was in administration - first defendant agreed to purchase land and entered development agreement with third party plaintiff - development agreement contained call option in plaintiff's favour - event of default occurred - plaintiff called for land under option - main dispute was between plaintiff and sixth defendant - sixth defendant claimed its interest as equitable mortgagee had priority over plaintiff's interest in respect of call option - Australian Consumer Law - Contracts Review Act 1980 (NSW) - credit - contractual construction - contemporaneous notes and documents - held: no genuine dispute about circumstances of plaintiff's exercise of call option - arguments about exercise of option not supportable - plaintiff entitled to relief sought - specific performance granted - judgment for plaintiff.
Linfield |
Australian Dream Homes v Stojanovski [2016] VSCA 38
Court of Appeal of Victoria
Santamaria & McLeish JJA
Security for costs - builder sought to appeal decision in which primary found it was not open to Tribunal to hold owners acted unreasonably in terminating domestic building contract - contract was in form of Master Builders Association of Victoria New Homes Contract (HC-6 Edition 1-2007) - owners sought security for costs - Domestic Building Contracts Act 1995 (NSW) - termination provisions of contract - r64.38(2) Supreme Court (General Civil Procedure) Rules 2015 (Vic) - held: evidence of builder's impecuniosity not compelling - there had been delay in seeking security - appeal concerned matters of public importance - security for costs refused.
Australian Dream Homes |
