| Independent
Commission Against Corruption v Cunneen (HCA) - administrative law -
statutory interpretation - ICAC had no power to investigate alleged conduct as
it was not corrupt conduct under Independent Commission Against Corruption
1988 (NSW) - appeal dismissed |
| Traderight (NSW) Pty
Ltd v Bank of Queensland Ltd (NSWCA) - trade practices - no misleading or
deceptive conduct or unconscionable conduct by bank towards franchisees -
appeal dismissed |
| Riverwood Legion
& Community Club Ltd v Repaja & Co Pty Ltd (NSWSC) - equity -
club entitled to relief against fraudsters arising from payment of its money
into bank account |
| Summerdowns Rail Ltd
v Stevens (NSWSC)
- corporations - no breach of duties by director and secretary to company in
relation to payment in favour of another company |
| Smith v Offermans (QCA) - summary
judgment - real prospect of defending claim for insolvent trading - leave to
appeal granted - appeal allowed |
| Matton Developments
Pty Ltd v CGU Insurance Ltd (No 2) (QSC) - insurance policy - contractors and
plants insurance policy did not respond to crane owner’s claim arising from collapse of crane boom |
| Okewood
Pty Ltd t/as Perth Glory v Football Federation Australia Ltd (WASC)
– contract - club participation agreement - alleged breaches of rules governing
competition - interlocutory injunction refused |
| Summaries With Link (Five Minute Read) |
Independent
Commission Against Corruption v Cunneen
[2015] HCA 14
High Court of Australia
French
CJ; Hayne, Kiefel, Gageler & Nettle JJ
Administrative
law - statutory interpretation - ICAC decided to investigate first respondent Deputy
Senior Crown Prosecutor - Prosecutor challenged inquiry on basis allegations
could not constitute corrupt conduct
under s8(2) Independent Commission
Against Corruption 1988 (NSW) - meaning of expression adversely affects, or that could adversely affect ... the exercise of
official functions by any public official in definition of corrupt conduct in s8(2) - ss2A, 8, 9,
12A - held (by majority; Gageler J
dissenting): preferred meaning of adversely
affect was “adversely affect or could adversely affect the probity of the exercise of an official
function by a public official” - not
disputed that if expression had this meaning then the alleged conduct was not corrupt conduct within meaning of s8(2)
- Commission had no power to investigate alleged conduct - special leave to
appeal granted - appeal dismissed.
ICAC
|
Traderight
(NSW) Pty Ltd v Bank of Queensland Ltd
[2015] NSWCA 94
Court of Appeal of New South
Wales
Bathurst CJ, Beazley P &
Barrett JA
Trade practices - consumer protection
- franchisees operated owner managed branches of bank in New South Wales - franchisees
operated owner - branches closed or were taken over by bank - franchisees claimed
bank engaged in misleading or deceptive conduct or unconscionable conduct in
contravention of Trade Practices Act 1974
(Cth) or Fair Trading Act 1987
(NSW) as in force at the relevant time and that they thereby suffered loss or
damage - claims also brought in negligence including negligent misstatement,
and claims based on Industrial Relations
Act 1996 (NSW) - primary judge found no franchisees entitled to relief - “with
respect to any future matter”- silence -
“pre-opening non-disclosure” - held: “target statements” and “break-even
statements” made by bank were not representations as to future matters within
meaning of s51A Trade Practices Act - no reasonable expectation in the
circumstances that information about actual financial performance of
established owner managed branches in New South Wales - franchisees did not
establish error in primary judge’s conclusions that bank contravened s52 Trade
Practices Act or s42 - the Fair Trading
Act - appeal dismissed.
Traderight
|
Riverwood
Legion & Community Club Ltd v Repaja & Co Pty Ltd [2015] NSWSC 383
Supreme Court of New South
Wales
Stevenson J
Equity - fourth defendant was
CEO of plaintiff club - proceedings arising out of payment CEO caused club to
make into bank account of first defendant company - second defendant was
director of company - club claimed CEO had no authority from club to make
payment and acted in breach of contractual duty of fidelity to club, fiduciary
duties of loyalty to club and and his obligations pursuant to ss180, 181 and
182 Corporations Act 2001 (Cth) - in
effect club contended CEO stole the money from the club - held: Court satisfied
CEO stole the money - funds belonged to club - director and company knew CEO misappropriated
the money - director did not invest stolen
funds on CEO’s behalf but used them to pay amount at fifth defendant’s
direction purportedly in “repayment” of funds fifth defendant advanced to director
- club entitled to relief sought against
director of company, company, CEO and fifth defendant - club and fifth defendant
were both victims of director’s fraudulent activities - club also victim of CEO’s
fraudulent activities - fifth defendant must bear burden of loss caused by
fraudulent conduct subject to right of recovery from director and company
Riverwood
|
Summerdowns
Rail Ltd v Stevens
[2015] NSWSC 321
Supreme Court of New South
Wales
Robb J
Corporations - company sought
compensation under s1317H Corporations
Act 2001 (Cth) (“the Act”) against director and secretary for contraventions
of ss180, 181 & 182 and for breach of equitable duties in relation to
payment made out of company’s bank account in favour of a consultancy company -
held: defendants believed they were authorised to participate in making payment
by resolution of three of four directors at meeting - defendants were not
authorised because meeting was not valid - however defendants did not breach
duty to company by acting in bad faith or against best interests of company -
no improper purpose - even if duties breached, company failed to establish any
damage - originating process dismissed.
Summerdowns
|
Smith
v Offermans
[2015] QCA 55
Court of Appeal of Queensand
M McMurdo P; Morrison &
Phillipides JJA
Summary judgment - applicant was
director of company in liquidation - liquidator made claim against director
including claim for insolvent trading pursuant to s588M(2) Corporations Act 2001 (Cth) - summary judgment granted - director
sought leave to appeal - r292 Uniform
Civil Procedure Rules 1999 (Qld) - held: contrary to finding of primary
judge there was real prospect of defending claim - liquidator needed to do more
to establish debt incurred during alleged period of insolvency than mere
assertion in affidavit - liquidator failed to put forward evidence that loss or
damage sustained - leave to appeal granted - appeal allowed.
Smith
|
Matton
Developments Pty Ltd v CGU Insurance Ltd (No 2) [2015] QSC 72
Supreme Court of Queensland
Flanagan J
Insurance policy - contractors
and plants insurance - insurance company refused to indemnify crane owner for
damage to crane when boom collapsed - competing hypotheses concerning
circumstances in which boom collapsed - construction of policy - operation of
exclusion clauses - ss13 & 54 Insurance
Contracts Act 1984 (Qld) - held:
policy did not respond to plaintiff’s claim - allegation that insurance company
breached the contract of insurance failed - claim dismissed.
Matton
|
Okewood
Pty Ltd t/as Perth Glory v Football Federation Australia Ltd [2015] WASC 127
Supreme Court of Western
Australia
Mitchell J
Contract - interlocutory
injunction - parties entered club participation agreement agreement which
provided terms and conditions for plaintiff’s
participation as club in soccer competition operated by defendant- plaintiff sought to restrain defendant from acting
on basis that sanctions and penalties referred to in letter to it from
defendant were valid and had lawful effect, and from engaging in any conduct
asserting that purported sanctions were valid and had lawful effect - serious
question to be tried - prejudice - adequacy of damages - dispute resolution
procedure - held: Court not prepared to granted injunction in terms sought - application
dismissed.
Okewood
|
