A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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| Executive Summary (One Minute Read) |
| Gold
& Copper Resources Pty Ltd v The Hon Chris Hartcher, Minister for Resources
& Energy, Special Minister (NSWCA) - administrative law
- renewal of exploration licence not void - appeal dismissed |
| Meriton Apartments
Pty Ltd v The Owners Strata Plan No. 72381 (NSWSC) - contract - repudiation of caretaker
agreement - promoter’s fiduciary duty of disclosure |
| Summaries With Link (Five Minute Read) |
Gold
& Copper Resources Pty Ltd v The Hon Chris Hartcher, Minister for Resources
& Energy, Special Minister
[2015] NSWCA 57
Court of Appeal of New South Wales
Beazley P; Macfarlan & Gleeson JJA
Administrative law - company held
exploration prospecting licence granted under Mining Act 1992 (NSW) - company sought renewal of licence for two
years - company sent new first page of application to Department outside time
prescribed by Act - new first page specified
term of requested renewal was five years - Minister renewed licence for five
years - appellant challenged validity of renewal pursuant to s293(1)(q)(ii) -
appellant sought declaration renewal of licence void and of no effect -
appellant contended that in sending new first page company withdrew or
abandoned initial application and made new application out of time, which could
not enliven Minister’s power to renew licence under s114 - held: application
not finally disposed of when Minister
renewed licence - application renewal could not be withdrawn except by lodging
notice with Director-General in accordance with s130 - not open for appellants
to raise question of company’s intention to submit new application on appeal -
appellant’s argument that company submitted new application inconsistent with
s16 - appeal dismissed.
Gold
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Meriton
Apartments Pty Ltd v The Owners Strata Plan No. 72381 [2015] NSWSC 202
Supreme Court of New South Wales
Slattery J
Contract - plaintiff developer provided
caretaker services to owners corporation of strata scheme under caretaker
agreement made under Strata Schemes
Management Act 1996 (NSW) - plaintiff alleged owners corporation repudiated
agreement by ineffectively attempting to terminate it- owners corporation
alleged “serious, persistent and
continuing” breaches of agreement by plaintiff and claimed to have validly
terminated agreement - owners corporation also cross-claimed plaintiff breached
fiduciary duties as promoter to the owners corporation - held: owners corporation
bound to agreement by its conduct in reliance on it, even though it had not
formally executed agreement - plaintiff had not committed any breach to entitle
owners corporation to terminate - owners corporation repudiated agreement -
specific performance not possible without owners’ corporations’ cooperation -
plaintiff limited to claim for damages - assessment of damages reserved for
further consideration - plaintiff owed fiduciary duty as promoter to owners
corporation - question whether plaintiff breach duty reserved for further
consideration.
Meriton
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From: A Dream of the Unknown
by P. B. Shelley
I DREAM’D that as I wander’d by the way
Bare winter suddenly
was changed to spring,
And gentle odours led my steps astray,
Mix’d with a sound of
waters murmuring
Along a shelving bank of turf, which lay
Under a copse, and
hardly dared to fling
Its green arms round the bosom of the stream,
But kiss’d it and then fled, as thou mightest in dream.
There grew pied wind-flowers and violets,
Daisies, those
pearl’d Arcturi of the earth,
The constellated flower that never sets;
Faint oxlips; tender
bluebells, at whose birth
The sod scarce heaved; and that tall flower that wets—
Like a child, half in
tenderness and mirth—
Its mother’s face with heaven-collected tears,
When the low wind, its playmate’s voice, it hears.
And in the warm hedge grew lush eglantine,
Green cow-bind and
the moonlight-colour’d may,
And cherry-blossoms, and white cups, whose wine
Was the bright dew
yet drain’d not by the day;
And wild roses, and ivy serpentine
With its dark buds
and leaves, wandering astray;
And flowers azure, black, and streak’d with gold,
Fairer than any waken’d eyes behold.
P. B. Shelley
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