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


Monday, 29 September 2014
Executive Summary (One Minute Read)
Belcastro v Nakhl (NSWSC) - corporations - leave to proceed against corporations in liquidation - leave to replead against insurers
Tagget v McLean Austquip Pty Ltd (NSWSC) - contract - parties entered contract for repair work - claim not a restitutionary claim - appeal dismissed
Summaries With Link (Five Minute Read)
Belcastro v Nakhl [2014] NSWSC 1305
Supreme Court of New South Wales
Campbell J
Corporations - joinder - pleadings - plaintiffs sought leave pursuant to s500(2) Corporations Act 2001(Cth) to proceed against three corporations in liquidation, and joinder of professional liability insurers of one corporation under r6.24 Uniform Civil Procedure Rules 2005 (NSW) - held: pleadings against insurers did not state material facts such that insurers could understand how earlier facts were material to corporation's cause of action against insurers - plaintiffs given leave to re-plead against insurers - subject to re-pleading liability of corporation's insurer's to indemnify it, Court satisfied plaintiffs had made case for joining insurers - Court satisfied it should grant leave to plaintiffs to commence and proceed with proceedings against the three corporations.
Tagget v McLean Austquip Pty Ltd [2014] NSWSC 1310
Supreme Court of New South Wales
Hidden J
Contract - restitution - appellant supplied bulldozing and excavator services - respondent brought proceedings in Local Court for recovery of money owed by appellant for work done and materials supplied for repair of excavator and bulldozer - Magistrate awarded respondent amount sought - appellant claimed Magistrate erred in finding respondent's pleaded case was based on contract and in finding that implied promise to pay a debt between parties constituted a contract - appellant contended claim was an indebitatus count, a restitutionary claim based on unjust enrichment - held: open to Magistrate to conclude that a contract had been entered into by parties and to find that amount claimed was reasonable - no error of law established - appeal dismissed.