| Australian Pipe & Tube Pty Ltd v QBE Insurance (Australia) Ltd (FCA) - interlocutory application - corporations - insurance - equitable assignment - leave to commence proceedings against company in liquidation and to join it as respondent |
| The Commissioner of The Australian Federal Police v Vo (NSWSC) - proceeds of crime - forfeiture order - resolution of issues in relation to cash - construction of s49(3) Proceeds of Crime Act 2002 (Cth) |
| Davies v Nilsen (VSC) - limitation of actions - motor vehicle accident - ‘just and equitable’ to extend time for plaintiff to bring claim for damages against defendant |
| Summaries With Link (Five Minute Read) |
Australian Pipe & Tube Pty Ltd v QBE Insurance (Australia) Ltd [2015] FCA 1135
Federal Court of Australia
Beach J
Interlocutory application - corporations - insurance - joinder - equitable assignment - first applicant (APT) sought leave to commence proceedings against second applicant company in liquidation (ITM) pursuant to s500(2) Corporations Act 2001 (Cth) and that ITM be joined as respondent - claim against respondent QBE depended partly on assignment of rights under insurance policy to which ITM was named insured - assignment made under deed to which ITM and APT were parties - held: sole purpose of proposed joinder was to ensure any judgment bound ITM preventing it from pursuing QBE for same claims - APT did not seek relief against ITM - no objection by liquidators - APT had offered usual undertaking - grant of leave and joinder granted.
Australian Pipe
|
The Commissioner of The Australian Federal Police v Vo [2015] NSWSC 1523
Supreme Court of New South Wales
Schmidt J
Proceeds of crime - forfeiture - order previously made under s19 Proceeds of Crime Act 2002 (Cth) in relation to cash seized from defendant - order subsequently vacated - Commissioner sought forfeiture orders under s49 - construction of s49(3) - resolution of issues in relation to cash - whether defendant’s motion had been withdrawn for purposes of s49 - held: cash was proceeds and instrument of offence under s400.9 of the Criminal Code - defendant’s construction of s49 not accident - defendant’s motions under ss31 & 73 did not fall under s49(3) - even if s31 motion fell under s49(3) it had been withdrawn - parties to confer and provide orders in accordance with conclusions.
The Commissioner
|
Davies v Nilsen [2015] VSC 584
Supreme Court of Victoria
J Forrest J
Limitation of actions - plaintiff involved in motor vehicle collision in November 1995 when car was struck from behind by car driven by defendant - plaintiff took no steps to prosecute case against defendant until late 2007 - plaintiff sought leave to bring claim out of time pursuant to s23A Limitation of Actions Act 1958 (Vic) - effect of serious injury process laid down by s93 Transport Accident Act 1986 (Vic) on delay - degree of prejudice suffered by defendant and insurer (Transport Accident Commission) - state of knowledge and delay - potential claim against former solicitor - onus - held: weighing considerations Court concluded it was ‘just and equitable’ to plaintiff to bring her case out of time notwithstanding delay in advising Transport Accident Commission as to existence of claim.
Davies
|
