Neale
v Commonwealth Bank of Australia (NSWCA) - appeal -
extension of time to seek dismissal for incompetency refused - dismissal for
want of prosecution refused - guillotine order (B)
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Eastbury
v Genea Genetics (NSWSC) - limitations - claim against
laboratory for failure to test for carrier status for genetic condition -
extension of time granted (I)
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Pittwater
Council v Keystone Projects Group Pty Ltd (NSWSC) - security of
payments - adjudicator made determination in good faith - summons dismissed (C)
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Schultz
v Bank of Queensland (QSC) - guarantee - equity -
wife not relieved of obligations on basis of Yerkey v Jones (B)
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Graham
v Western Australian Planning Commission (WASCA) - real
property -compulsory acquisition of land - Tribunal lacked jurisdiction to
determine quantum (C G)
|
Ruckschloss
v Simmons (ACTSC) - judicial review - appeal from
answer to separate question dismissed (C G)
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| Summaries With Link (Five Minute Read) |
Neale v Commonwealth
Bank of Australia
[2014] NSWCA 443
Court of Appeal of New South Wales
Leeming JA
Appeal - competency - bank was successful judgment
creditor in proceedings brought by applicant and his company - bank sought that
appeal be dismissed as incompetent or for want of prosecution - requirement
that, if well-funded, sophisticated, regular litigant is to object to
competency of appeal brought by litigant in person, objection should be made
promptly - ability to fund appeal - held: bank had not explained why it did not
make prompt objection - extension of time to seek dismissal of proceedings as
incompetent refused - appeal not self-evidently hopeless - severe prejudice if
applicant denied right of appeal on merits of very substantial judgment - there
had been some explanation for delay and non-compliance with Court procedure -
no particular prejudice to bank - guillotine order made.
Neale
(B)
  t
|
Eastbury v Genea Genetics [2014] NSWSC 1793
Supreme Court of New South Wales
Hall J
Limitations - professional negligence - mental harm -
plaintiffs were parents of two children born in 2008 and 2022 who were
diagnosed with Fragile X syndrome - plaintiffs claimed damages in respect of
genetic screening performed by defendant - plaintiffs sought order that
limitation period for causes of action be extended pursuant to s60G Limitation Act 1969 (NSW) - particular
facts and circumstances - alleged breach of duty by failure to test carrier
status of plaintiff - prejudice - chances of fair trial - held: defendant did
not establish discretion should be exercised against extension of time on basis
of claimed actual or presumptive prejudice or that it was unlikely to have fair
trial - limitation period extended.
Eastbury
(I)
t
|
Pittwater Council v
Keystone Projects Group Pty Ltd [2014] NSWSC 1791
Supreme Court of New South Wales
Hallen J
Security of payments - Council sought determination that
adjudicator's determination was not a good faith exercise on part of
adjudicator of responsibilities under s22 Building
and Construction Industry Security of Payment Act 1999 (NSW) and was
therefore void - held: adjudicator carried out task entrusted to him in good
faith and gave reasons for his conclusion - adjudicator considered the matters
he was required to consider in s22(2) - adjudicator lawfully exercised
functions required for making of a valid determination under s22 -
determination not void - no reason to restrain first defendant from taking
steps to enforce determination, or to restrain second defendant from issuing
adjudication certificate pursuant to s24 in respect of determination - summons
dismissed.
Pittwater Council (C) t
|
Schultz v Bank of
Queensland
[2014] QSC 305
Supreme Court of Queensland
Jackson J
Guarantee - plaintiff wife claimed she should be relieved
of obligation to pay bank under guarantee she gave for loan made to family
trust controlled by former husband - claim made in reliance on Yerkey v Jones equity - held: no special
disadvantage - wife did not have any of the alleged material misunderstandings
relied upon - no basis for alternative claim of unconscionable conduct by bank
- claim dismissed - bank succeeded on counterclaim for possession.
Schultz
(B)
t
|
Graham v Western
Australian Planning Commission [2014] WASCA 234
Court of Appeal of Western Australia
Martin CJ, Buss JA & Beech J
Real property - compulsory acquisition of land -
Commission applied to State Administrative Tribunal for determination of
quantum of compensation payable to landowners as result of compulsory taking of
their land - landowners sought order striking out proceedings on basis they
were more appropriately dealt with by Supreme Court or that Tribunal lacked
jurisdiction - Tribunal dismissed application - landowners sought leave to
appeal - held: contention rejected that Tribunal lacked jurisdiction because
there was no valid taking order in respect of land - contention upheld that
there was no 'offer' of compensation from Commission in respect of three out of
four lots, and that the making of offer was condition of Tribunal's
jurisdiction to determine the quantum - appeal allowed to that extent -
Tribunal exercised its discretion with respect to the striking out proceedings
on erroneous assumption that it had jurisdiction to determine quantum - matter
remitted to Tribunal for further consideration in respect of the proceedings
relating to the one lot which fell within Tribunal's jurisdiction.
Graham (C G) t
|
Ruckschloss v Simmons [2014] ACTSC 340
Supreme Court of the Australian Capital Territory
Penfold J
Judicial review - engineer sought judicial review of
conduct of officers of Department of Environment and Sustainable Development -
one officer was Construction Occupations Registrar - engineer claimed conduct
would have effect on his work as an engineer - engineer sought interim
injunction preventing officers continuing with proposed conduct pending
determination of judicial review application - engineer appealed from Master's
affirmative answer to separate question whether construction occupations
registrar could impose conditions on licensed building surveyors relating to
acceptance of advice from engineers or from named engineer - held: Court not
persuaded Master erred in reasoning he applied in determining how to answer
question stated, or that the question should have been answered “no” - appeal
dismissed.
Ruckschloss
(C G)
t
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