Daily Construction: Friday, 31 July 2015 View in browser
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Construction

Executive Summary (One Minute Read)
Lahoud v Hooper (NSWSC) - discovery - application for preliminary discovery order to ascertain name of person who communicated with defendant - failure to make reasonable inquiries - summons dismissed
Bensons Funds Management Pty Ltd v Body in Balance Chiropractic Pty Ltd (VSCA) - administrative law - landlord and tenant - refusal of application to discharge injunction - leave to appeal refused
Summaries With Link (Five Minute Read)
Lahoud v Hooper [2015] NSWSC 1026
Supreme Court of New South Wales
Adamson J
Discovery - plaintiff sought order for preliminary discovery against defendant in order to ascertain name of person who communicated with defendant concerning damage to building in which plaintiff had interest - Pt 6, Div 1 Civil Procedure Act 2005 (NSW) - ss14 & 15 Defamation Act 2005 (NSW) - ss94 & 96 Environmental Planning and Assessment Act 1979 (NSW) - held: plaintiff had failed to make reasonable inquiries and had therefore not established entitlement to relief sought - summons dismissed.
Bensons Funds Management Pty Ltd v Body in Balance Chiropractic Pty Ltd [2015] VSCA 198
Court of Appeal of Victoria
Whelan & Ferguson JJA; Robson AJA
Administrative law - landlord and tenant - applicant leased premises to respondent - respondent claimed to have exercised option for further five years - applicant had decided to develop premises - there was dispute between parties in Victorian Civil and Administrative Tribunal - respondent obtained interlocutory injunction restraining applicant from taking possession of leased premises - undertaking in usual form given by respondent - Tribunal refused applicant’s application which in effect sought discharge of injunction if guarantor under lease who was also director of respondent failed to give undertaking as to damages - applicant sought leave to appeal - whether applicant must positively establish damage would be suffered as result of injunction before an adequate undertaking as to damages required - strength of evidence as to damage before an undertaking would be required - held: Court satisfied there was real prospect of success in sense it was not fanciful, however Court not satisfied there would be substantial injustice if leave to appeal refused - leave to appeal refused.
Letter from Town: The Almond Tree
By D. H. Lawrence, 1885 - 1930

You promised to send me some violets. Did you forget?
White ones and blue ones from under the orchard hedge?
Sweet dark purple, and white ones mixed for a pledge
Of our early love that hardly has opened yet.

Here there’s an almond tree—you have never seen
Such a one in the north—it flowers on the street, and I stand
Every day by the fence to look up for the flowers that expand
At rest in the blue, and wonder at what they mean.

Under the almond tree, the happy lands
Provence, Japan, and Italy repose,
And passing feet are chatter and clapping of those
Who play around us, country girls clapping their hands.

You, my love, the foremost, in a flowered gown,
All your unbearable tenderness, you with the laughter
Startled upon your eyes now so wide with hereafter,
You with loose hands of abandonment hanging down.