| Australian Competition and Consumer Commission v Chrisco Hampers Australia Ltd (FCA) - consumer law - supply of Christmas hampers to customers - breaches of Australian Consumer Law established |
| The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd (NSWSC) - leave to reopen - proceedings concerning alleged defects in strata title residential development - leave to reopen case to tender emails, photographs and documents refused |
| Buses + 4WD Hire Pty Ltd v Oz Snow Adventures Pty Ltd (NSWSC) - negligence - bus crash - unusual order sought pursuant to r7.8 Uniform Civil Procedure Rules 2005 (NSW) refused |
| Orbito Nominees Pty Ltd v Betts Nominees Pty Ltd (WASC) - subpoena - legitimate forensic purpose - abuse of process - application to set aside subpoenas dismissed |
| Summaries With Link (Five Minute Read) |
Australian Competition and Consumer Commission v Chrisco Hampers Australia Ltd [2015] FCA 1204
Federal Court of Australia
Edelman J
Consumer law - applicant claimed respondent contravened Australian Consumer Law (ACL) in course of supplying customers with Christmas hampers - respondent’s contracts contained term (HeadStart term) requiring customers to allow it to withdraw funds from customer’s bank account even after full payment made for goods - term applied unless opted out of - whether HeadStart term “unfair term” under s24 ACL - whether HeadStart term caused significant imbalance in parties’ rights and obligations under contract - duty in s97(3) ACL on supplier who was party to lay-by agreement to “ensure” amount of termination charge not more than supplier’s reasonable costs - whether Chrisco contravened s29(1)(m) ACL by making false or misleading representation that consumer could not cancel lay-by agreement once order fully paid and before delivery of goods - held: term was unfair - ACCC did not prove respondent contravened s97(3) by agreements’ cancellation charges - respondent’s representation in website terms and conditions and Order Confirmation that “your order cannot be cancelled once it is fully paid for” contravened s29(1)(m) ACL - parties to confer on programme for hearing of issues on penalty and consequential orders.
ACCC
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The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1682
Supreme Court of New South Wales
Stevenson J
Leave to reopen - alleged defects in strata title residential development - plaintiff was owners corporation - plaintiff sued builder and builder’s sub-contractor - plaintiff sought leave to reopen its case to tender emails, documents and photographs - relevance of material - explanation for failure to adduce evidence - prejudice - possibility of need to reconvene hearing - Evidence Act 1995 (NSW) - held: Court not prepared to allow owners corporation to reopen its case - motion dismissed.
The Owners
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Buses + 4WD Hire Pty Ltd v Oz Snow Adventures Pty Ltd [2015] NSWSC 1687
Supreme Court of New South Wales
Schmidt J
Negligence - bus accident in which bus hired by first plaintiff to first and/or second defendant, driven by second plaintiff crashed through guardrail and rolled down embankment injuring passengers - proceedings commenced in District Court and transferred to Supreme Court - plaintiffs sought unusual order pursuant to r7.8 Uniform Civil Procedure Rules 2005 (NSW) that senior associate of law firm be appointed to conduct issues between first plaintiff and first and second defendants - motion supported by plaintiffs’ solicitor who was acting for statutory insurer under policy issued to first plaintiff - defendants and senior associate opposed order - law firm acted for property insurer of bus and senior associate had carriage of matter - held: Court not satisfied order sought could justly be made given senior associate’s interest in proceedings flowed only from employment by law firm and current retainer with insurer - problems lying between first plaintiff, insurer of bus and the defendants must be resolved in some other way - motion dismissed.
Buses
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Orbito Nominees Pty Ltd v Betts Nominees Pty Ltd [2015] WASC 431
Supreme Court of Western Australia
Master Gething
Subpoena - plaintiff sought to set aside subpoenas on ground of abuse of process - application made in context of application pursuant to s77 Trustees Act 1962 (WA) (TA) to remove trustee of unit trust - plaintiff submitted each subpoenas sought material which had no apparent relevance to issues or legitimate forensic purpose - O36B Rules of the Supreme Court 1971 (WA) - held: application to set aside subpoenas failed - application dismissed.
Orbito
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