| Todd v Alterra at Lloyds Ltd (on behalf of the underwriting members of Syndicate 1400) (FCAFC) - insurance - financial advisor was covered by financial errors and omissions insurance policy - underwriters failed to discharge onus to prove exclusion applied - appeal allowed (I B)
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| 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 (I B C)
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| Curtis v Harden Shire Council (NSWSC) - approval of settlement - motor vehicle accident - settlement in interests of plaintiffs under legal incapacity - settlement approved (I)
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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 (I B C)
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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 (I B C)
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| Quann v Wilson & Atkinson (A Firm) (WASC) - indemnity costs - solicitors’ duties - application to restrain defendant from acting as solicitor was bound to fail - indemnity costs ordered (I)
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| Knight v Australian Capital Territory (ACTCA) - criminal injuries compensation - jurisdiction - refusal to extend time to apply, and dismissal of application, for compensation under Criminal Injuries Compensation Act 1983 (ACT) - leave to appeal refused (I)
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Todd v Alterra at Lloyds Ltd (on behalf of the underwriting members of Syndicate 1400) [2016] FCAFC 15
Full Court of the Federal Court of Australia
Allsop CJ; Gleeson & Beach JJ
Insurance - financial services errors and omissions insurance policy (policy) - proceedings originally comprised two claims - claim by trustee of Sienkiewicz retirement fund - claim by trustee for AT Melville retirement fund - both claims for damages against former financial advisers, namely company and its representatives - company in liquidation - there was also claim against financial advisers’ professional indemnity insurers - applicants settled case against representatives and discontinued against company - one representative continued claim against insurers for indemnity - primary judge dismissed representative’s cross-claim against insurers - proper construction of policy - ss761A, 716G, 716GA, 766A, 766B, 912B, 913B, 916A & 917A-917E Corporations Act 2001 (Cth) - reg 7.6.02AAA Corporations Regulations 2001 (Cth) - Insurance Contracts Act 1984 (Cth) - held: representative undertook financial planning for claimants encompassing approved investment products - representative was covered by policy - underwriters failed to discharge onus of proof that exclusion in ‘Endorsement No. 002’ applied - appeal allowed.
Todd (I B)
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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 (I B C)
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Curtis v Harden Shire Council [2016] NSWSC 82
Supreme Court of New South Wales
Button J
Approval of settlement - motor vehicle accident - application for approval of settlement - two plaintiffs were under 18 years and appeared by father as tutor - whether Court satisfied settlement beneficial to interest of plaintiffs under incapacity - ss76 & 77 Civil Procedure Act 2005 (NSW) - held: Court satisfied settlement beneficial to plaintiffs’ interests - Court approved settlement.
Curtis (I)
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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 (I B C)
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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 (I B C)
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Quann v Wilson & Atkinson (A Firm) [2015] WASC 229 (S)
Supreme Court of Western Australia
Le Miere J
Indemnity costs - solicitors’ duties - Court dismissed plaintiff’s application for order restraining defendant from acting as solicitors or counsel plaintiffs in action - defendant sought indemnity costs - held: plaintiff failed to establish defendant’s advice was or may have been be relevant to matters in issue in proceedings - plaintiff should have known application had no chance of success - it was unreasonable for plaintiff to persist with application after defendant’s offer of undertakings - indemnity costs ordered.
Quann (I)
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Knight v Australian Capital Territory [2016] ACTCA 3
Court of Appeal of the Australian Capital Territory
Burns J
Criminal injuries compensation - jurisdiction - applicant sought to appeal out of time against refusal of extension of time to seek compensation under Criminal Injuries Compensation Act 1983 (ACT) (CIC Act) for injuries which allegedly occurred in 1987 and dismissal of application for compensation - Master found claim was not to be determined under CIC Act but under Victims of Crime (Financial Assistance) Act 1983 (ACT) (VOC Act) - Master found VOC Act vested jurisdiction in Magistrate Court and that therefore Supreme Court lacked jurisdiction to hear application - s23 Australian Capital Territory (Self Government) Act 1988 (Cth) - ss14 & 16 Victims of Crime (Financial Assistance) (Amendment) Act 1999 (ACT) - Australian Capital Territory v Pinter (2002) 121 FCR 509.held: Master’s decision was interlocutory - Master did not decide application on merits - even if Court wrong in characterisation of Master’s judgment as interlocutory Court would refused leave to appeal on basis appeal had no prospects of success.
Knight (I)
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