| Integrated Asset Management Pty Ltd v Trans Communications Pty Ltd (No 2) (NSWSC) - costs - unsuccessful defendants granted certificate under Suitors’ Fund Act 1951 (NSW) - costs order in defendants’ favour refused in respect of notices filed by appellant |
| Nolan v Executive Director, Land Management Policy, Department of Environment and Primary Industries (VSCA) - administrative law - dismissal of committee member for breaches of Victorian Public Entity Directors’ Code of Conduct 2006 - appeal dismissed |
| Trkulja v Markovic (VSCA) - defamation - self-represented litigant - dismissal of claim - no breach of duty by judge to ensure fair trial - no denial of procedural fairness - appeal dismissed |
| Mandie v Memart Nominees Pty Ltd (No 2) (VSC) - costs - pleadings - conduct - permission to amend pleadings refused except for certain deletions consented to by defendant - plaintiffs to pay defendant’s costs on indemnity basis taxed immediately |
| Nelson v Cyran (QCA) - judgments and orders - leave to commence enforcement proceedings against defendant - no error in exercise of discretion - appeal dismissed |
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| Summaries With Link (Five Minute Read) |
Integrated Asset Management Pty Ltd v Trans Communications Pty Ltd (No 2) [2015] NSWSC 1690
Supreme Court of New South Wales
Schmidt J
Costs - Court gave judgment for appellant in proceedings - parties in dispute as to costs - whether defendants should have certificate under Suitors’ Fund Act 1951 (NSW) - whether there should be order in defendants’ favour as to costs of notice to admit facts and notice to admit authenticity of documents filed by appellant - held: Court satisfied discretion granted by s6 must be exercised in defendants’ favour - justice did not permit costs order in relation to notices especially in absence of relevant transcript and reasons given for refusal of appellant’s application for costs of notices.
Integrated Asset Management
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Nolan v Executive Director, Land Management Policy, Department of Environment and Primary Industries [2015] VSCA 301
Court of Appeal of Victoria
Warren CJ; Tate & Kaye JJA
Administrative law - appellant was member of committee which managed, improved, maintained and controlled reserved Crown land - appellant removed from position on committee by respondent for breaches of Victorian Public Entity Directors’ Code of Conduct 2006 - appellant sought judicial review of respondent’s decision - trial judge dismissed application - appellant appealed - held: no error in respondent’s finding that appellant breached requirement in Code not to place himself in position of conflict of interest - no error in trial judge’s interpretation of the Code’s ‘leadership and stewardship’ requirement - no error in trial judge exercising discretion not to grant declaratory relief - appeal dismissed.
Nolan
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Trkulja v Markovic [2015] VSCA 298
Court of Appeal of Victoria
Kyrou & Kaye JJA; Ginnane AJA
Defamation - self-represented litigant - procedural fairness - County Court judge dismissed appellant’s claim against respondent on basis there was not sufficient evidence to establish respondent published the alleged defamatory - appellant alleged judge breached duty to ensure fair trial by failing to provide appropriate assistance to appellant as self-represented litigant - appellant also alleged he was denied procedural fairness - held: no breach of duty by judge to ensure fair trial - allegation of breach of duty must be considered in context of whole trial but no transcript of entire hearing available - only part of hearing which was transcribed demonstrated judge was scrupulously fair and provided extensive assistance to appellant - no denial of procedural fairness - appeal dismissed
Trkulja
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Mandie v Memart Nominees Pty Ltd (No 2) [2015] VSC 622
Supreme Court of Victoria
McMillan J
Costs - pleadings - Court refused plaintiffs’ application to amend statement of claim except deletions to which defendant consented - determination of costs orders - rr63.17 & 63.20 Supreme Court (General Civil Procedure) Rules 2005 (VSC) - held: defendant consented to the only substantive amendments for which leave given - deleted allegations should never have been made - plaintiffs should pay defendant’s costs thrown away by reason of amendments for which leave granted - special costs order warranted in defendant’s favour due to making of allegations which ought not to have been made, including allegations of fraud, delay caused and wasted costs - plaintiffs’ conduct justified departure from r63.20 - plaintiffs to pay costs on indemnity basis to be taxed immediately.
Mandie
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Nelson v Cyran [2015] QCA 226
Court of Appeal of Queensland
M McMurdo P, Morrison JA & North J
Judgments and orders - appellant was bouncer - respondent was wrongfully assaulted and injured when appellant preventing him from entering club - appellant convicted of unlawfully doing grievous bodily harm - respondent sought damages against appellant and owner of club, who employed appellant - proceedings served on appellant - before trial appellant could not be found - judgment entered against appellant in 2002 - respondent’s solicitors did not locate appellant until 2012 - application was brought for leave to commence enforcement proceedings against appellant - application served on appellant in 2014 - primary judge ordered leave be granted - appellant sought to challenge order - ss12 & 13 Civil Judgments Enforcement Act 2004 (WA) - s105 Service and Execution of Process Act 1992 (Cth) - rr8, 93, 95(1), 371(1), 793 & 799 Uniform Civil Procedure Rules 1999 (Qld) - whether there was error of principle or mistake of fact which caused appellant substantial injustice - held: no grounds of appeal established error by primary judge in exercising his discretion to grant leave - appeal dismissed.
Nelson
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