| Barnes v Forty Two International Pty Ltd (FCAFC) - contract - trade practices - damages erroneously awarded on basis of case not pleaded - appeal allowed |
| Hodges v Sandhurst Trustees Ltd (FCA) - corporations - representative proceedings - trust deed for debentures - strike out of pleadings refused |
| In the Matter of Dennis (SASC) - Wills - testatrix lacked testamentary capacity - order authorising making of statutory Will |
| Summaries With Link (Five Minute Read) |
Barnes v Forty Two International Pty Ltd [2014] FCAFC 152
Full Court of the Federal Court of Australia
Siopis, Flick & Beach JJ
Contract - trade practices - damages - company sought damages against appellants arising out of transactions under a share purchase agreement and later dealings - company alleged breaches of various contracts, breaches of statutory and fiduciary duties, and misleading or deceptive conduct - primary judge dismissed all claims except claim for breach of implied term of share purchase agreement and claim for misleading or deceptive conduct - primary judge awarded damages on basis of loss of company's opportunity to negotiate termination payment - appellants appealed - held: primary judge's award of damages to company should be set aside - amount and basis for damages award based on lost opportunity neither pleaded nor opened - as primary judge did not find in favour of company on its pleaded case on damages, primary judge should have dismissed proceedings - appeal allowed.
Barnes (I B) |
Hodges v Sandhurst Trustees Ltd [2014] FCA 1223
Federal Court of Australia
Gleeson J
Corporations - representative proceedings - claim arising out of defendant's role as trustee of trust deed for debentures issued by company under Ch 2L Corporations Act 2001 (Cth) - plaintiff sought order under s283F(1)(a) that defendant pay compensation to group members for loss or damages suffered because it breached trustee's duty in s283DA(b)(ii) - defendant sought to strike out allegations of breaches before certain date, on ground pleading failed to disclose a reasonable cause of action or was otherwise an abuse of process - defendant claimed that allegations of 'historical events' were irrelevant to pleaded claim and if they remained had potential to prolong and increase costs of proceedings - held: Court not satisfied allegations of conduct prior to plaintiff's acquisition of debentures could not have bearing on alleged loss, so that they should be struck out simply on basis they pre-dated acquisition - statement of claim pleaded sufficiently facts relied upon - plaintiff required to supply further particulars of one paragraph of statement of claim - application dismissed.
Hodges |
In the Matter of Dennis [2014] SASC 158
Supreme Court of South Australia
Gray J
Wills - testamentary capacity - application for order authorising making of will pursuant to s7 Wills Act 1936 (SA) - testatrix had advanced Alzheimer's disease - son sought to rectify her Will which, due to a drafting error, would not have disposed of estate according to her intentions - application developed to include other proposed changes to Will - held: testatrix lacked testamentary capacity although she had ability to express general views concerning testamentary wishes - numbering error in existing Will should be corrected to reflect testatrix's intention at time of making Will, which remained her likely intention if she had capacity - other proposed changes to Will were consistent with testatrix's intentions at time of making her last will, consistent with testamentary wishes she was currently able to express and consistent likely intentions if she had testamentary capacity - proposed order reasonable in the circumstances.
In the Matter of Dennis |
