| Vadasz v Gadaleta Steel Fabrication Pty Ltd (SASC) - contract - steel and welding services - no contractual right to claim - amount due and payable reduced - appeal allowed in part |
| Lindner v The Corporation of the City of Marion (SASC) - summary judgment - approval of development application - no reasonable cause of action against planning authority - summary judgment granted |
| Summaries With Link (Five Minute Read) |
Vadasz v Gadaleta Steel Fabrication Pty Ltd [2015] SASC 162
Supreme Court of South Australia
Nicholson J
Contract - appellant engaged respondent to undertake certain steel and welding services - appellant challenged respondent's entitlement to be paid invoiced amount of $70,168.01 - Magistrate made allowance for $10,000 part payment and reduction of $1,496.55 on account of errors in invoices - Magistrate found appellant liable, pursuant to contract, to pay respondent sum of $58,671.46 for work performed - appellant appealed - held: respondent had no contractual entitlement to claim - all hours of work performed by respondent’s employees to be charged out at agreed rate of $75 per hour plus GST - appeal allowed in part - amount due and payable reduced.
Vadasz
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Lindner v The Corporation of the City of Marion [2015] SASC 152
Supreme Court of South Australia
Parker J
Summary judgment - plaintiffs brought claim in relation to defendant’s decision to grant approval for development on land under Development Act 1993 (SASC) - plaintiffs claimed defendant failed to assess development application correctly - defendant sought summary judgment on basis no reasonable cause of action, or dismissal of statement of claim or strike-out of certain parts of statement of claim - ss3, 35, 38, 38(3), 38(5), 86(1)(b) & 86(1)(f) - held: allegation of jurisdictional error served no purpose without application for judicial review - no reasonable basis for allegation of breach of duties or constructive fraud, or aiding or abetting on a fraud - no reasonable basis for claim of nuisance or conspiracy or fraud on a power - summary judgment granted.
Lindner
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| Poem for Friday (Recitation here by Thomas Hellier) |
A Complaint
By William Wordsworth
There is a change—and I am poor;
Your love hath been, nor long ago,
A fountain at my fond heart's door,
Whose only business was to flow;
And flow it did; not taking heed
Of its own bounty, or my need.
What happy moments did I count!
Blest was I then all bliss above!
Now, for that consecrated fount
Of murmuring, sparkling, living love,
What have I? shall I dare to tell?
A comfortless and hidden well.
A well of love—it may be deep—
I trust it is,—and never dry:
What matter? if the waters sleep
In silence and obscurity.
—Such change, and at the very door
Of my fond heart, hath made me poor.
William Wordsworth |
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