| Coverdale v West Coast Council (HCA) - statutory interpretation - seabed and water above it that were subject to marine leases were “Crown lands” over which Council could levy rates
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| Adnow Pty Ltd (as Trustee for the Adnow Pension Fund) v Greenwells Wollert Pty Ltd (VSC) - contract - land valuation under option deed by independent valuer complied with requirements set out in deed and was valid
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| Benchmark Television |
Dear Subscriber
1. This Benchmark Television broadcast is with Ivan Griscti and Tony Cavanagh discuss the Vesting of Property upon Bankruptcy and Advocates Immunity.
2. Ivan Griscti (Barrister) and Tony Cavanagh (Solicitor) discuss the Supreme Court of New South Wales’ (Harrison AsJ) decision in Drake v Wight & Strickland Lawyers [2015] NSWSC 1090 which considered an action in negligence against a law firm and an application for summary dismissal of this claim. Mr Griscti and Mr Cavanagh acted for the successful defendant solicitors, Wight & Strickland Lawyers.
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Warm regards
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| Ivan Griscti and Tony Cavanagh discuss the Vesting of Property upon Bankruptcy and Advocates Immunity |
| Ivan Griscti (Barrister) and Tony Cavanagh (Solicitor) discuss the Supreme Court of New South Wales’ (Harrison AsJ) decision in Drake v Wight & Strickland Lawyers [2015] NSWSC 1090 which considered an action in negligence against a law firm and an application for summary dismissal of this claim. Mr Griscti and Mr Cavanagh acted for the successful defendant solicitors, Wight & Strickland Lawyers. |
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| Summaries With Link (Five Minute Read) |
Coverdale v West Coast Council [2016] HCA 15
High Court of Australia
French CJ, Keifel, Keane, Nettle & Gordon JJ
Statutory interpretation - West Coast Council sought to levy rates on eight marine farming leases - Valuer-General declined to value leases on basis that they were not over “lands” or “Crown lands that are liable to be rated” - s11(1), Valuation of Land Act 2001 (Tas) - Council sought declaration - first instance judge held in favour of Valuer-General - Full Court of the Supreme Court held in favour of Council - appeal to High Court -held: contradictory definitions of “Crown lands” in Crown Lands Act 1976 (Tas) and Acts Interpretation Act 1931 (Tas) - scope and purpose of Valuation of Land Act 2001 (Tas) favoured a construction of “Crown lands” that included the seabed and waters above it - area subject to marine leases was Crown land - Council therefore entitled to levy rates on those leases - appeal dismissed.
Coverdale |
Adnow Pty Ltd v Greenwells Wollert Pty Ltd [2016] VSC 153
Supreme Court of Victoria
Judd J
Contract - land valuation - Adnow owned land - granted Greenwells a call option to purchase the land - purchase price to be determined by negotiation, and, if that failed, by an independent valuer - option exercised - negotiation of purchase price failed - independent valuer valued land - Adnow sought a declaration the independent valuer had failed to comply with valuation method set out in the option deed and that the valuation be set aside - held: option deed should be construed according to the parties' objectively determined intentions - deed should be construed to provide that the parties had agreed that the decision of the independent valuer was binding and final - deed required valuer to express an opinion on the value of the land under the terms of the contract of sale - valuer had done this - deed required valuer to assume ministerial approval to a Precinct Structure plan - valuer had done so - deed required valuer to comply with the Valuation Guidelines of the Australian Property Institute - valuer had done so - valuer had complied with all other requirements in the deed - valuation was valid - Adnow's application dismissed.
Adnow |
