|J Cummins Pty Ltd v F & D Bonaccorso (NSWCA) - contract - option agreement - no common intention deposit to be treated as paid - appeal dismissed
|Gazzana v Santamaria (NSWSC) - partnership - dissolution and winding up - determination of separate questions
|Greenmint Pty Ltd v O'Keeffe (VSC) - corporations - statutory demand - deed of loan - valid service - no genuine dispute - application to set aside demand dismissed
|Fitzgerald v Tin Shed Distilling Co Pty Ltd (SASC) - corporations - company wound up on just and equitable ground
|Davis Samuel Pty Ltd v Commonwealth of Australia (ACTCA) - security for costs - Court not persuaded to make order for security for costs - fifth appellant removed
|Summaries With Link (Five Minute Read)
|J Cummins Pty Ltd v F & D Bonaccorso  NSWCA 200
Court of Appeal of New South Wales
Beazley P; Ward & Leeming JJA
Contract - evidence - credit - appellant sought rectification of option agreement it entered with respondent, and order for specific performance of rectified agreement - agreement preceded by an earlier option agreement not exercised prior to its expiry - second option agreement provided for higher purchase price - whether common intention at time second option agreement entered that stated deposit to be treated as if paid - trial judge found no such common intention established - held: trial judge justified in not accepting evidence of appellant’s principal of an arrangement outside formal contract documents - evidence did not support principal’s version of events - there was evidence that developer interested in property at higher price than in either option agreement - appellant’s contention rejected that price in second agreement was commercially irrational - appeal dismissed.
|Gazzana v Santamaria  NSWSC 916
Supreme Court of New South Wales
Partnership - dissolution and winding up - separate questions - proceedings concerning winding up of partnership carried on by plaintiff and first defendant - separate determination of questions concerning assets and liabilities of partnership and whether partners reached agreement on their division - ownership of equipment - whether certain work did not fall within terms of partnership - s42 Partnership Act 1892 (NSW) - separate questions answered.
|Greenmint Pty Ltd v O'Keeffe  VSC 326
Supreme Court of Victoria
Corporations - statutory demand - plaintiff sought pursuant to s459G Corporations Act 2001 (Cth) to set aside statutory demand served on it by defendant - plaintiff contended there was genuine dispute in respect of demand - whether service of application in compliance with s459G(1) - whether genuine dispute - held: service was valid - legal question whether interest provision in deed of loan constituted a penalty was not arguable so as to give rise to a genuine dispute - application to set aside statutory demand dismissed.
|Fitzgerald v Tin Shed Distilling Co Pty Ltd  SASC 97
Supreme Court of South Australia
Corporations - winding up - three couples went into venture together and conducting business through vehicle of small proprietary company - relationship broke down - second plaintiff shareholder sought to wind up company on just and equitable ground under s461(1)(k) Corporations Act 2001 (Cth) - held: all facts and circumstances were such that it was appropriate to wind company up on just and equitable ground - company wound up.
|Samuel Pty Ltd v Commonwealth of Australia  ACTCA 30
Court of Appeal of the Australian Capital Territory
Security for costs - appellants appealed from orders holding them liable to repay large sums on money to the Commonwealth of Australia - Commonwealth sought that fifth appellant be removed as appellant and security for costs - held: Court ultimately persuaded it should not make order for security for costs - appellants’ impecuniosity arose from orders under appeal - appellants’ right to proceed should not be effectively denied to them by order for security for costs - some appeal grounds arguable - appellants did not object to removal of fifth appellant - appellant removed.