A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Insurance, Banking, Construction & Government

Thursday, 29 January 2015

Executive Summary (One Minute Read)
Ruckschloss v Simmons (ACTSC) - judicial review - appeal from answer to separate question dismissed (C G)
Ruckschloss v Simmons (ACTSC) - judicial review - appeal from answer to separate question dismissed (C G)
Summaries With Link (Five Minute Read)
Pittwater Council v Keystone Projects Group Pty Ltd [2014] NSWSC 1791
Supreme Court of New South Wales
Hallen J
Security of payments - Council sought determination that adjudicator's determination was not a good faith exercise on part of adjudicator of responsibilities under s22 Building and Construction Industry Security of Payment Act 1999 (NSW) and was therefore void - held: adjudicator carried out task entrusted to him in good faith and gave reasons for his conclusion - adjudicator considered the matters he was required to consider in s22(2) - adjudicator lawfully exercised functions required for making of a valid determination under s22 - determination not void - no reason to restrain first defendant from taking steps to enforce determination, or to restrain second defendant from issuing adjudication certificate pursuant to s24 in respect of determination - summons dismissed.
Pittwater Council (C) 
Neale v Commonwealth Bank of Australia [2014] NSWCA 443
Court of Appeal of New South Wales
Leeming JA
Appeal - competency - bank was successful judgment creditor in proceedings brought by applicant and his company - bank sought that appeal be dismissed as incompetent or for want of prosecution - requirement that, if well-funded, sophisticated, regular litigant is to object to competency of appeal brought by litigant in person, objection should be made promptly - ability to fund appeal - held: bank had not explained why it did not make prompt objection - extension of time to seek dismissal of proceedings as incompetent refused - appeal not self-evidently hopeless - severe prejudice if applicant denied right of appeal on merits of very substantial judgment - there had been some explanation for delay and non-compliance with Court procedure - no particular prejudice to bank - guillotine order made.
Neale (B)