| Police &
Community Youth Clubs NSW Ltd v Refurb Interiors Pty Ltd (in liq) (NSWCA) - claim for
debt owed under building contract - security for costs refused - application for leave to appeal dismissed (I B C) |
| Quach v New South
Wales Civil and Administrative Tribunal (NSWCA) - judicial review - NCAT had
jurisdiction to hear complaint lodged with Medical Tribunal before its
abolition - summonses dismissed (I G) |
| Jarrold v Registrar
of Titles (VSCA) - real property - negligence - alleged forged signature on power
of attorney - credit - new trial (I B) |
| P’Auer AG v Polybuild
Technologies International Pty Ltd (VSCA) - contract - commission for sale of
business - ‘one off’ transaction - inferred acceptance - appeal dismissed (I B) |
| Kennedy v Shire of
Campaspe (VSCA) - negligence - trip on paver - Road Management Act 2004 (Vic) - prospects of success - leave to
appeal allowed (I) |
| BOQ Equipment Finance
Ltd v Scott (QSC) - banking and finance - borrowers not induced to enter loan
agreement - lender entitled to repayment of amount owing (B) |
| Consortium Holdings
P/L v Maybell 1 P/L (QSC) - corporations - winding up - company proved solvency - application
to wind up company dismissed (B) |
| Summaries With Link (Five Minute Read) |
Police
& Community Youth Clubs NSW Ltd v Refurb Interiors Pty Ltd (in liq) [2015] NSWCA 67
Court of Appeal of New South Wales
Macfarlan & Leeming JJA; Sackville
AJA
Security for costs - appellant sought to
appeal against primary judge’s rejection of its application for security for
cost in proceeding in which respondent sued it for a debt alleged owed under a
building contract - primary judge dismissed application on ground that an order
for security would stultify the litigation - held: no error of principle or
unreasonable exercise of primary judge’s discretion - open to primary judge to
take view that order for provision of security should not be made before liquidators
had been given full opportunity to explore funding opportunities - application
for leave to appeal dismissed.
Police (I B C)
|
Quach
v New South Wales Civil and Administrative Tribunal [2015] NSWCA 63
Court of Appeal of New South Wales
Basten & Ward JJA; Sackville AJA
Judicial
review - Health Care Complaints Commission lodged two notices of complaint
against applicant medical practitioner - first notice filed in the Medical
Tribunal before it was abolished and before establishment of New South Wales
Civil and Administrative Tribunal (NCAT) - second Notice filed after Medical Tribunal
abolished and NCAT created - NCAT gave judgment in Commission’s favour - practitioner
appealed by filing two summonses - held: NCAT had jurisdiction to hear notice
of complaint lodged with Medical Tribunal before it was abolished - conditions
imposed by Tribunal on practitioner’s registration were not a reprimand and
thus were within power to make interlocutory orders conferred by s165L(1) National Law -practitioner’s motion to
remove Commission as party to proceedings dismissed -summonses dismissed.
Quach (I G)
|
Jarrold
v Registrar of Titles [2015]
VSCA 45
Court of Appeal of Victoria
Osborn & Whelan JJA; Ginnane AJA
Real property - negligence - appellant
alleged former husband forged her signature on power of attorney and used
document to effect sale of jointly owned property - appellant commenced
proceedings in negligence against conveyancing company, conveyancer and
Registrar of Titles pursuant to s110 Transfer
of Land Act 1958 (NSW) - claim against conveyancer settled - trial judge
found appellant failed to satisfy burden of proof with respect to forgery allegation
and that appellant held legal interest in property on resulting trust for
former husband - credit - held: primary judge made errors of fact which she
relied on as a foundation for grave doubts concerning lay evidence relied on to
prove appellant did not sign power of attorney - primary judge’s reliance on
errors also affected assessment of expert evidence - judgment could not stand -
Court not in position to reach own conclusion on credit issues - new trial
ordered.
Jarrold (I B)
|
P’Auer
AG v Polybuild Technologies International Pty Ltd [2015] VSCA 42
Court of Appeal of Victoria
Whelan, Ferguson & Kaye JJA
Contract - first applicant conducted
printing business - second applicant was principal - respondents engaged to act
as brokers in sale of business - applicants entered agreement for sale to
company - applicans sought to appeal from decision in which trial judge found
agreement as to commission was made in September 2010 which was varied in
February 2011 and again in April 2011 - whether agreement made - whether
brokers precluded from recovering commission because they were unlicensed
‘estate agents’ within meaning of Estate
Agents Act 1980 (Vic) - contracts in absence of clear offer and acceptance
- credit - held: primary judge correct to imply term as to amount of commission
into varied agreement - no error in conclusion that manifestation of mutual
assent implied from circumstances -
brokers not required to be licensed because transaction was ‘one off’ -
no error in finding s50 did did not apply - appeal dismissed.
P’Auer (I B)
|
Kennedy
v Shire of Campaspe
[2015] VSCA 47
Court of Appeal of Victoria
Whelan & Ferguson JJA
Negligence - applicant tripped on paver
while walking along street - applicant sued respondent - trial judge found
applicant may have had arguable case but Road
Management Act 2004 (Vic) prevented
her from succeeding - applicant sought leave to appeal - prospects of success -
s14A Supreme Court Act 1986 (Vic) -
held: trial judge referred to no
applicable Victorian authorities on relevant statutory provisions - trial judge
repeatedly referred to drafting problems, lack of clarity and difficulty in
construing provisions - trial judge applied New South Wales Court of Appeal
decision which applicant argued inapplicable - case raised difficult issues of
application of Jones v Dunkel and actual knowledge - held: applicant
should be given opportunity to obtain appellate determination of issues - prospect of success was real in sense it was not
fanciful - applicant granted leave to appeal.
Kennedy (I)
|
BOQ
Equipment Finance Ltd v Scott
[2015] QSC 60
Supreme Court of Queensland
P McMurdo J
Banking - plaintiff claimed payment of money
lent to by first and second defendants under written agreement - plaintiff also
claimed same sum against third defendant, which had guaranteed the payments -
defendants contended plaintiff’s representative made misrepresentations which
induced them to enter agreement - defendants conceded that absent alleged
representations or promises they would be liable to plaintiff - held: defendants’
case rejected - Court did not accept alleged statements made by representative -
even if representative made the statements, no resultant loss or damage was or
was likely to be suffered by defendants - judgment for plaintiff.
BOQ (B)
|
Consortium
Holdings P/L v Maybell 1 P/L
[2015] QSC 55
Supreme Court of Queensland
Jackson J
Corporations - winding up - respondent company
served with statutory demand to pay alleged debt - company failed to comply with demand - applicant sought
to wind up company in insolvency - whether respondent had proved solvency -
presumption of insolvency - s459C(3) Corporations
Act 2001 (Cth) - held: Court satisfied respondent proved sole director had
made arrangements by which it was more probable than not she would be able to
provide working capital required for respondent to pay debts - respondent proved
director had required commitment of third party who proposed to supported
otherwise insolvent company - company solvent - application dismissed.
Consortium (B)
|
