| 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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| Grygiel v Australian Broadcasting Corporation (NSWSC) - defamation - balance of convenience did not favour restraining publication of follow-up television program - injunction refused
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| Sheehan v Brett-Young (No. 4) (VSC) - pleadings - malicious prosecution - misfeasance in public office - failure to prosecute identified claims - 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.
3. This is an important session for everyone.
4. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
5. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
6. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
7. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
8. You should watch on Wi-Fi to avoid excess data usage charges.
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 |
Grygiel v Australian Broadcasting Corporation [2016] NSWSC 140
Supreme Court of New South Wales
Campbell J
Defamation - plaintiff sought interim injunction restraining publication of follow-up television program - whether plaintiff established that there was probability of entitlement to relief at trial - balance of convenience - public interest - freedom of the press - held: publication of follow-up story might result in re-publication of defamatory material - however balance of convenience did not favour injunction - injunction refused.
Grygiel |
Sheehan v Brett-Young (No. 4) [2016] VSC 53
Supreme Court of Victoria
John Dixon J
Pleadings - malicious prosecution - misfeasance in public office - plaintiff sought to file second substitute proposed statement of claim - whether arguable causes of action - whether plaintiff had mental element for causes of action - costs - s63 Civil Procedure Act 2010 (Vic) - held: plaintiff unable to prosecute identified claims - remaining defendants entitled to summary judgment - proceedings dismissed - State's costs to be paid by plaintiff on standard basis - regulatory defendants' costs assessed on gross sums basis.
Sheehan |
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 |
