| Lahood
v Ernst & Young; In the Matter of Dave Lahood Pty Ltd (In Liq) (FCA)
- bankruptcy - corporations - orders for inquiry into conduct of trustee and
liquidators refused |
| Re RB,
a protected estate family settlement (NSWSC) - approval of family
settlement including statutory Will relating to protected person |
| Admiralty
Resources NL v Australis Mining Ltd (VSC) - security for costs
ordered in relation to new aspect of counterclaim |
| How v
How (TASSC)
- succession - family provision order in favour of deceased’s son refused |
| Summaries With Link (Five Minute Read) |
Lahood
v Ernst & Young; In the Matter of Dave Lahood Pty Ltd (In Liq) [2015] FCA 89
Federal
Court of the Australia
Foster
J
Bankruptcy
- corporations - bankrupt sought to litigate complaints against trustee in
bankruptcy arising out of administration of bankruptcy and complaints against
liquidators concerning administration of liquidation of corporation controlled
by bankrupt - ss19, 130, 134 & 179 Bankruptcy
Act 1966 (Cth) - ss488, 536 &1072C(4) Corporations Act 2001 (Cth) - held: the two administrations had
progressed to point where they should be finalised in near future - Court not
satisfied evidence justified any order for inquiry in either matter -
applications dismissed.
Lahood
|
Re RB, a protected estate
family settlement
[2015] NSWSC 70
Supreme
Court of New South Wales
Lindsay
J
Wills
- succession - protected estate - application for approval of family settlement
concerning estate of defendant - defendant was a protected person under s38 NSW
Trustee and Guardianship Act 2009 (NSW) - statutory Will - family provision releases - lost capacity case - exercise of
protective jurisdiction - management and administration of property - held: orders
made for approval of family settlement including statutory Will relating to protected
person.
Re RB,
a protected estate family settlement
|
Admiralty Resources NL v
Australis Mining Ltd
[2015] VSC 33
Supreme
Court of Victoria
Elliott
J
Security
for costs - plaintiff sought security for costs from defendants in response to their
counterclaims - s1335(1) Corporations Act
2001 (Cth) - r62.02(1) Supreme Court
(General Civil Procedure) Rules 2005
(Vic) - delay - relevance of defendant’s amendment to counterclaim to add new
claim for nearly US$13 million - held: defendants had no assets in Australia
and were incorporated overseas - Court’s discretion enlivened - no material
delay in application for security for costs in relation to new claim - security
ordered in relation to new aspect of case alone.
Admiralty
Resources NL
|
How v How [2015] TASSC 4
Supreme
Court of Tasmania
Pearce
J
Succession
- applicant applied under Testator Family
Maintenance Act 1912 (Tas) for provision from estate of late father -
personal and financial circumstances of applicant - applicant’s relationship
with father - other claims on estate - testator’s reasons - s3(1) - held: Court
not satisfied applicant had been left without adequate provision for his proper
maintenance and support - application dismissed.
How
|
A narrow
fellow in the grass
By Emily Dickinson
A narrow fellow in the grass
Occasionally rides;
You may have met him-did you not
His notice sudden is,
The grass divides as with a comb,
A spotted shaft is seen,
And then it closes at your feet,
And opens further on.
He likes a boggy acre,
A floor too cool for corn,
But when a boy and barefoot,
I more than once at noon
Have passed, I thought, a whip lash,
Unbraiding in the sun,
When stooping to secure it,
It wrinkled and was gone.
Several of nature’s people
I know, and they know me;
I feel for them a transport
Of cordiality.
But never met this fellow,
Attended or alone,
Without a tighter breathing,
And zero at the bone.
Emily
Dickinson
|
