| Concrete Mining Structures Pty Ltd v Cellcrete Australia Pty Ltd (No 2) (FCA) - security for costs - applications for security for costs by parties against each other - all applications dismissed
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| Richtoll Pty Ltd v WW Lawyers (in Liquidation) Pty Ltd (NSWSC) - professional negligence - contract - solicitors' duties - failure to conduct further ASIC search just before draw down of loan was breach of duty/retainer - causation not established
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| Tenney v Matthews (SASC) - contract - joint venture - no breach of settlement agreement - breach of loan agreement - judgment for defendants
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| Benchmark Television |
Dear Subscriber
1. This Benchmark Television broadcast is with Stephen Keim SC and Kevin Connor SC on Assault and False Imprisonment by the State.
2. The Queensland Court of Appeal’s decision that the arrest of a Palm Island resident was unlawful explains the state of mind required by the arresting officer for an arrest to be lawful.
3. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
4. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
5. If you are not a CLE subscriber you can subscribe here: https://benchmarkinc.com.au/cle
6. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
7. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
8. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
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| Stephen Keim SC and Kevin Connor SC discuss Assault and False Imprisonment by the State |
| The Queensland Court of Appeal’s decision that the arrest of a Palm Island resident was unlawful explains the state of mind required by the arresting officer for an arrest to be lawful. |
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| Summaries With Link (Five Minute Read) |
Concrete Mining Structures Pty Ltd v Cellcrete Australia Pty Ltd (No 2) [2016] FCA 360
Federal Court of Australia
Edelman J
Security for costs - fiduciary duties - duties of confidence - copyright - unjust enrichment - Barnes v Addy - principal claim arising out of development of pump for mining industry - company (CMS) sued its former director and company of which former director was sole director (Cellcrete) - Cellcrete and former director brought cross-claim - parties sought security for costs against each other - ss1335 & 1335(1) Corporations Act 2001 (Cth) - s56 Federal Court of Australia Act 1976 (Cth) - r19.01 Federal Court Rules 2011 (Cth) - held: applications dismissed - Court did not doubt Cellcrete and CMS had funds to meet costs order - even if Cellcrete and CMS did not have sufficient funds difference not significant and Court would not exercise discretion to order security.
Concrete MIning |
Richtoll Pty Ltd v WW Lawyers (in Liquidation) Pty Ltd [2016] NSWSC 438
Supreme Court of New South Wales
Hoeben CJ at CL
Professional negligence - contract - solicitors' duties - plaintiffs in business of lending money secured by property - plaintiffs were former clients who sued incorporated legal practice for professional negligence and breach of contract in relation to provision of services concerning loans - ss5B, 5D, 5E & 5O Civil Liability Act 2002 (NSW) - held: plaintiffs made out case for breach of duty/retainer in relation to loan for failure to conduct further ASIC search just before draw down of loan - no defence established under s5O - however causation not established - judgment for defendant.
Richtoll |
Tenney v Matthews [2016] SASC 34
Supreme Court of South Australia
Bampton J
Contract - joint venture - plaintiff and defendants were joint venturers - following mediation parties executed agreements settling matters in dispute and separating interests - plaintiff alleged breaches of settlement agreement seeking damages from defendants - defendants denied breach of settlement agreement and counterclaimed concerning alleged breaches of vendor loan agreement - defendants sought damages in amount of loan and enforcement of security over plaintiffs mining lease - ss6, 9, 9AA, 20, 21, 22, 26, 34, 35, 39, 73A & 73B Mining Act 1971 (SA) - regs12 & 29 Mining Regulations 2012 (SA) - held: no breach of settlement agreement - defendants established breach of loan agreement - defendants entitled to damages - judgment for defendants.
Tenney |
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Poem for Friday (Recitation here by Thomas Hellier)
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The Late Worm
By Kay Ryan
The worms
which had been
thick are thin
upon the ground
now that it's gotten
later. They stick
against the path,
their pink chapped
and their inching
labored. It's a
matter of moisture
isn't it? Time, a
measure of wet,
shrinking, the
drier you get.
Kay Ryan |
