| United Petroleum Pty Ltd v Pentaco Oil (Aust) Pty Ltd (FCA) - contract - estoppel - trade practices - correspondence did not constitute agreement for lease of sites - estoppel case succeeded - misleading and deceptive conduct case succeeded
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| In the matter of Independent Contractor Services (Aust) Pty Ltd ACN 119 186 971(in liq) (No 2) (NSWSC) - corporations - winding up - liquidator’s application - no utility in appointing replacement trustee - remuneration approved - liquidator justified in distributing trust assets to trust creditors
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| Western Australian Planning Commission v Questdale Holdings Pty Ltd (WASCA) - costs - open to primary judge not to order costs against respondent who discontinued its proceedings - leave to appeal refused
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| Summaries With Link (Five Minute Read) |
United Petroleum Pty Ltd v Pentaco Oil (Aust) Pty Ltd [2016] FCA 118
Federal Court of Australia
Moshinksy J
Contract - estoppel - trade practices - applicant contended correspondence with respondents constituted agreement to lease sites - applicant sought specific performance of agreement - if Court found no agreement applicant contended it would be unconscionable to resile from representations and respondents were estopped from resiling - applicant also contended in alternative that respondents engaged in misleading and deceptive conduct contravening s18 Australian Consumer Law - Sch 2, ss2(2), 18(1), 131(1) & 232(1) Competition and Consumer Act 2010 (Cth) - Australian Consumer Law, Fair Trading Amendment (Australian Consumer Law) Act 2010 (Vic) - s126 Instruments Act 1958 (Vic) - s52 Trade Practices Act 1974 (Cth) - held: correspondence did not constitute agreement to lease - estoppel case succeeded - misleading and deceptive conduct case succeeded - injunctions granted.
United Petroleum
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In the matter of Independent Contractor Services (Aust) Pty Ltd ACN 119 186 971(in liq) (No 2) [2016] NSWSC 106
Supreme Court of New South Wales
Brereton J
Corporations - winding up - liquidator’s application for relief in relation to liquidator’s remuneration, distribution of trust assets and appointment of replacement trustee - s 446A(1)(a), s 473(3), (10), s 499(3), (3A), s 504(2), s 511, s 556(1)(e), (g), (h) Corporations Act 2001 (Cth) - s 17, s 19, s 11(1)(ba), s 12(3), s 23, s 33, s 35, s 36 Superannuation Guarantee (Administration) Act 1992 (Cth) - s6 Superannuation Guarantee Charge Act 1992 (Cth) - s 14ZZM, s 14ZZR, Schedule 1 s 12-60, s 250-10, s 255-5 Taxation Administration Act 1953 (Cth) - held: no utility in appointing replacement trustee - remuneration approved - liquidator justified in distributing trust assets to trust creditors.
Independent Contractor Services
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Western Australian Planning Commission v Questdale Holdings Pty Ltd [2016] WASCA 32
Court of Appeal of Western Australia
Martin CJ, Murphy JA & Corboy J
Costs -planning and environment - primary judge dismissed appellant’s application for costs following respondent’s discontinuance of proceedings it commenced in State Administrative Tribunal for determination of value of land -- appellant appealed - ss173, 174, 187 & 188 Planning and Development Act 2005 (WA) - ss9, 16, 46, 47, 48, 54, 87, 88, 89 & 105 State Administrative Tribunal Act 2004 (WA) - rr40, 41, 42, 42A & 43 State Administrative Tribunal Rules 2004 (WA) - held: primary judge’s decision no so unreasonable that no reasonable Tribunal could have reached the conclusion - open to primary judge not to order costs against respondent - appellant had raised no question of law with arguable merit - leave to appeal refused.
WAPC
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