| J Hutchinson Pty Ltd v Glavcom Pty Ltd (NSWSC) - security of payments - plaintiff owed sum to first defendant pursuant to subcontract - no irrational conclusion, inadequate reasons or denial of natural justice - proceedings dismissed
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| Nairn v Metro-Central Joint Development Assessment Panel (WASC) - planning and development - Panel's approval of second respondent's application for development of building set aside
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Dear Subscriber
1. This Benchmark Television broadcast is by James Sheller of counsel in discussion with Ian Benson on setting aside voidable transactions.
2. Discussion includes the Bankruptcy Act and asset protection and fraudulent behaviour.
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Warm regards
Alan Conolly for Benchmark
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| James Sheller of counsel in discussion with Ian Benson on setting aside voidable transactions |
| Discussion includes the Bankruptcy Act and asset protection and fraudulent behaviour. This is an important session for everyone. |
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| Summaries With Link (Five Minute Read) |
J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126
Supreme Court of New South Wales
Ball J
Security of payments - plaintiff sought to set aside adjudication determination made under Building and Construction Industry Security of Payment Act 1999 (NSW) in which adjudicator determined plaintiff owed sum to first defendant for payment claim in respect of subcontract - set-off - fraud - Jones v Dunkel - ss8, 9, 10 & 34 - held: no irrational conclusion, inadequate reasons or denial of natural justice - proceedings dismissed.
Hutchison |
Nairn v Metro-Central Joint Development Assessment Panel [2016] WASC 56
Supreme Court of Western Australia
Chaney J
Planning and development - first respondent Panel approved second respondent's application for development of building - applicants owned apartments across the road from development site - applicants contended Panel exceeded its jurisdiction in granting approval - reg 12 Planning and Development (Development Assessment Panels) Regulations 2011 (WA) - held: Panel asked itself wrong question as to requirement that it be satisfied development consistent with guidance statements - reasonable decision-maker could not be satisfied development consisted of “predominantly non-residential uses”- other grounds of appeal dismissed - Panel's decision set aside.
Nairn |
