| Sanna v Wyse and Young International Pty Ltd (No.1) (NSWSC) - legal practitioners - motion to restrain barrister from appearing in matter refused (I) |
| Sanna v Wyse and Young International Pty Ltd (No.2) (NSWSC) - real property - caveats - no serious question to be tried - caveats removed (B C) |
| Malvina Park Pty Ltd t/as Firths the Superannuation Lawyers v Pollard (NSWSC) - solicitors’ costs - law firm refused freezing order in respect of legal costs claimed to be payable by client (I) |
| Pryor v Latham(NSWSC) - pleadings - defamation - certain imputations struck out (I) |
| Holloway v Department of Human Services (VSC) - judicial review - Medical Panel’s Certificate of Determination and Reasons for Determination issued outside 30 day period prescribed by Wrongs Act 1958 (Vic) quashed (I G) |
| Whyte v McLuskie(QSC) - corporations - examinees’ challenges to validity of summonses failed - application dismissed (B) |
| Australia & New Zealand Banking Group Ltd v Menzel(QSC) - real property - caveats - registered mortgagee of land granted removal of caveats (B) |
| Summaries With Link (Five Minute Read) |
Sanna v Wyse and Young International Pty Ltd [2015] NSWSC 580
Supreme Court of New South Wales
Darke J
Legal practitioners - defendants and their sole director sought to restrain barrister from appearing in proceedings as counsel for plaintiff - barrister had previously acted for director and had been on friendly terms with him - held: Court not persuaded barrister possessed any confidential information that was or may be relevant to the issues - Court not persuaded it was appropriate case to exercise inherent jurisdiction to restrain legal practitioner from acting - Court did not think a fair-minded reasonably informed member of public would conclude proper administration of justice required barrister should not appear - no reason to think that barrister would be unable to discharge obligations with independence and objectivity - motion refused.
Sanna (I)
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Sanna v Wyse and Young International Pty Ltd (No.2) [2015] NSWSC 581
Supreme Court of New South Wales
Darke J
Real property - caveats - successive caveats - plaintiff was registered proprietor of lot - plaintiff sought orders under s74MA Real Property Act 1900 requiring defendants to withdraw caveats lodged in respect of property - plaintiff was judgment debtor to company - plaintiff wished to borrow money on security of property in order to pay judgment debt - plaintiff denied he owed money to defendants - s74O held: no serious question to be tried - defendants would not be granted interlocutory injunctions against plaintiff to protect interests claimed - caveats removed.
Sanna (B C)
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Malvina Park Pty Ltd t/as Firths the Superannuation Lawyers v Pollard [2015] NSWSC 578
Supreme Court of New South Wales
Schmidt J
Solicitors’ costs - freezing orders - law firm sought freezing order under r25.2 Uniform Civil Procedure Rules 2005 in terms consistent with Practice Note SC Gen 14 in respect of legal costs claimed to be payable by client - law firm had acted for client on personal injury claim - claim settled in client’s favour - held: law firm did not establish danger of disposal of assets - basis for freezing order not established - orders sought refused.
Malvina (I)
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Pryor v Latham [2015] NSWSC 529
Supreme Court of New South Wales
McCallum J
Pleadings - defamation - action for defamation arising from publication of article written for newspaper by former leader of Federal Australian Labor Party who was now regular columnist - plaintiff was also columnist - plaintiff claimed article was defamatory of her - defendants objected to certain imputations - rr14.30, 28.2 Uniform Civil Procedure Rules 2005 - held: two imputations not capable of arising from matter complained of and struck out - other imputations to go to jury.
Pryor (I)
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Holloway v Department of Human Services [2015] VSC 184
Supreme Court of Victoria
McDonald J
Judicial review - plaintiff sought to quash determination of medical panel on basis it erred by issuing Certificate of Determination and Reasons for Determination outside 30 day period prescribed by s28LZG(3)(a) Wrongs Act 1958 - whether determination of medical panel convened pursuant to Act was invalid if given outside of the 30 day period - held: Court bound to follow judgment in Mikhman v Royal Victorian Aero Club and Ors [2012] VSC 42 which answered precisely same question in affirmative unless Court satisfied that it was plainly wrong - Court not satisfied judgment plainly wrong - if Court determining question unaided it would have come to same conclusion - Certificate of Determination and Reasons for Determination quashed.
Holloway (I G)
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Whyte v McLuskie [2015] QSC 132
Supreme Court of Queensland
Burns J
Corporations - managed investments - winding up - examination summonses issued by Court and served on examinees - examinees contended summonses issued beyond power or were abuse of process of the Court - examinees sought discharge of summonses out of time - examinees also sought access to affidavit material filed in support of issue of summonses - ss596B & 601NF(2) Corporations Act 2001 - held: no substance to examinees’ challenge to summonses - application dismissed.
Whyte (B)
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Australia & New Zealand Banking Group Ltd v Menzel [2015] QSC 127
Supreme Court of Queensland
P McMurdo J
Real property - caveats - applicant was registered mortgagee of parcels of land owned by respondents - owner sought removal of caveats - whether application should be further adjourned - whether serious case to be tried on cause of action said to be foundation of caveat - onus - ss84 & 85 Property Law Act 1974 - held: adjournment of application refused - respondents failed to demonstrate serious case to be tried - balance of convenience favoured removal of caveats - respondents failed to discharge onus - caveats lodged by respondents removed.
ANZ (B)
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