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| 3/02/2012 11:48 AM | | |
Administrative law - Whether valuation by statutory board of valuers invalid on various grounds - Whether Wednesbury unreasonableness demonstrated
Contracts - Proper construction - Relevance of background matrix evidence
Town planning - Reservation of land for public purposes under Metropolitan Region Scheme - Compensation for injurious affection - Validity of payment of compensation - Whether amount of compensation must be determined by a third party or can be agreed by claimant and responsible authority - Whether agreement about compensation otherwise invalid
Statutory interpretation - Whether amount of compensation must be determined by a third party or can be agreed by claimant and responsible authority |
| Link to announcement: VINCENT NOMINEES PTY LTD -v- WESTERN AUSTRALIAN PLANNING COMMISSION [2012] WASC 28 (2 February 2012) |
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| 3/02/2012 11:46 AM | | |
CONTRACT - identifying terms of contract - what terms were implied in the contract from the United Nations Convention on Contracts for the International Sale of Goods (CISG) - whether goods supplied were fit for purpose and of merchantable quality - whether implied warranty of fitness for purpose had been breached - whether circumstances of termination had any direct relevance to the quantification of damages - DAMAGES - contract - assessment of damages - whether direct losses were sustained - whether indemnity for compensation could be claimed - whether plaintiff could claim damages for loss of profit due to breach. |
| Link to announcement: Fryer Holdings v Liaoning MEC Group [2012] NSWSC 18 (30 January 2012) |
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| 3/02/2012 11:45 AM | | |
CONTRACT – principles of repudiation of contract – whether end of plaintiff’s employment as chief executive officer amounted to termination under the contract or repudiation and acceptance of repudiation – whether failure to pay termination entitlements on date employment ceased constituted repudiation.
Held: The events constituted termination of the employment under the contract.
CORPORATIONS – Corporations Act – application of Div 2 Pt 2D.2 – scope of s 200F exceptions - where employment contract provided for payments of remuneration in lieu of termination notice – where plaintiff’s employment terminated without notice – whether benefits constituted benefits “in connection with” plaintiff’s retirement as contemplated by s 200A and required member approval in accordance with s 200E – whether benefits fell within s 200F(2)(a)(ii) exception – where plaintiff engaged under several employment contracts from 2003 to 2009 to hold position of chief executive officer – where benefits provided under 2009 contract – whether benefits provided as consideration for plaintiff agreeing to hold office for purpose of s 200F(2)(a)(ii) – construction of term “office” under s 200F(2)(a)(ii).
Held: The benefits were benefits “in connection with” the plaintiff’s loss of office for the purposes of Division 2 of Part 2D.2. The “consideration” referred to in s 200F(2)(a)(ii) is the consideration given by the company from time to time, and the benefits were consideration for the plaintiff holding office under the 2009 agreement. Payments of remuneration in lieu of notice within s 200F(2)(a)(ii).
CORPORATIONS – Corporations Act – construction of ss 433 and 556 of the Act - Where plaintiff’s employment ceased after appointment of receivers to company - whether plaintiff’s leave entitlements had priority under ss 433 and 556 of the Act. |
| Link to announcement: White v Norman; In the Matter of Forest Enterprises Australia Limited (Receivers and Managers Appointed) (in Administration) [2012] FCA 33 (2 February 2012) |
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| 30/01/2012 12:26 PM | | |
CONTRACTS – application for declaration that certain obligations of a contract have been performed – contract an ancillary agreement to an Indigenous Land Use Agreement – consideration of joint and several obligations by multiple parties to contract – whether obligations to be performed by a native title claim group require performance by all members of that group – obligations are not cumulative such that performance by one is performance by all
Held – application granted
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| Link to announcement: Karingbal Traditional People Aboriginal Corporation v Santos GLNG Pty Ltd [2011] FCA 1456 (16 December 2011) |
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| 30/01/2012 12:24 PM | | |
BANKRUPTCY AND INSOLVENCY – Bankruptcy annulled – Trustee’s entitlement to costs, expenses and remuneration. |
| Link to announcement: Holden v Van Houten [2012] FCA 4 (13 January 2012) |
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| 30/01/2012 11:28 AM | | |
CONVEYANCING - COMPLETION OF CONTRACT - TIME FOR COMPLETION - TIME OF THE ESSENCE - BY NOTICE
CONVEYANCING - THE CONTRACT AND CONDITIONS OF SALE - GENERALLY - CONDITIONS PRECEDENT AND SUBSEQUENT
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - CONDITIONS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE |
| Link to announcement: KRAGULJAC v A & B PROPERTY DEVELOPMENTS PTY LTD (No 2) [2012] SASC 1 (13 January 2012) |
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| 30/01/2012 11:25 AM | | |
CONTRACTS - Broadcasting and related industry contracts - plaintiff owner and operator of broadcast infrastructure - defendant has access to and use of plaintiff's infrastructure pursuant to contract - defendant exercises option to renew contract - contract provides for expert determination of licence fee if parties fail to reach agreement - expert charged with determining a reasonable fee having regard to rates charged to third parties at facility in question - term sheet determines that expert determination final and binding except if attended by manifest error or error of law - terms of contract direct task to be performed by expert and whether determination binding.
CONTRACTS - Plaintiff alleges error of law on basis expert misconceived function by adopting objective "market value" assessment to ascertain fee as opposed to a subjective "fair value" approach - function of expert determined by contractual provisions - contract provides for hybrid process requiring consideration of subjective and objective factors, with rates charged to third parties a mandatory consideration - contract requires appraisal akin to 'fair market value' - expert does not have regard to exclusively objective considerations and considers position of particular parties - expert did not misconceive function.
CONTRACTS - Plaintiff alleges error of law on basis expert failed to consider relevant factor - relevant consideration said to be 'special value' of contract to defendant - requirement for ascertainment of 'reasonable fee' refers to defendant as a willing but not anxious and involuntary purchaser - requirement for 'reasonable fee' antithetical to valuation proceeding on basis plaintiff a monopolist - expert did consider special value of contract to defendant.
CONTRACTS - Plaintiff alleges error of law on basis expert failed to give weight to current fees under original contract - expert had regard to such fees but concluded of limited relevance - not an error of law to weigh relevant factors in a particular way as opposed to not consider them - circumstances prevailing ten years previously when agreement first made materially different to present - fees agreed ten years previously not useful guide to what constitutes a 'reasonable fee'.
CONTRACTS - Plaintiff alleges error of law and manifest error on basis expert used incorrect comparator in assessing 'reasonable fee' - expert said to have incorrectly compared digital audio broadcasting with digital television broadcasting - audio broadcasting said to be inapposite comparator due to fact radio different medium to television with different cost factors - digital audio broadcasting fees considered by expert pertain to agreement between same parties and are relatively recent - errors in methodology employed by expert valuer not errors of law - matter of professional judgment as to weight to accord cost recovery and profit margin - expert evidence adduced in attempt to illustrate manifest error - fact such evidence needs to be adduced conveys error not manifest - expert did not make error of law or manifest error.
CONTRACTS - Plaintiff alleges expert failed to give detailed reasons - question whether reasons are 'reasons' within the meaning of the contract - failure to provide 'detailed reasons' entails there will not be a binding determination - due to requirement of 'detailed statement of reasons', provision of wider than usual scope to challenge binding nature of determination and fact issues are complex standard of reasons required by contract akin to that expected of judges and commercial arbitrators - expert sufficiently identifies methodology and provides sufficiently detailed and comprehensive reasons - reasons are 'detailed reasons' within meaning of contract.
CONTRACTS - Plaintiff alleges error of law on basis determination manifestly unreasonable - determination said to be unreasonable in Wednesbury sense because of relative magnitude of reduction in licence fee - contract requires new fee to be determined with predominate regard to market based considerations and cost considerations not prevailing when original fee determined - determination not so unreasonably low - determination rewards plaintiff above avoidable cost - arguable that perpetuating current fee would be unreasonable - determination not manifestly unreasonable |
| Link to announcement: TX Australia Pty Limited v Broadcast Australia Pty Limited [2012] NSWSC 4 (16 January 2012) |
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| 30/01/2012 11:01 AM | | |
These matters are scheduled to begin on the stated dates. |
| Link to announcement: Trials Listed 30 January - 10 February 2012 |
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| 25/01/2012 12:19 PM | | |
TRADE PRACTICES – consideration of the construction of s 51A of the Trade Practices Act 1974 (Cth) (now in an amended form as s 4 of the Australian Consumer Law, Schedule 2, to the Competition and Consumer Act 2010 (Cth)) – consideration of a challenge to the primary judge’s finding that the respondents had discharged the evidential burden under s 51A(2) of the Trade Practices Act and a challenge to the finding that the appellant had failed to discharge the persuasive onus under s 51A(1) of the Trade Practices Act – consideration of the evidential burden and the persuasive onus under s 51A in circumstances where a representation as to a future matter is shown to have come to pass, or not shown not to have come to pass.
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| Link to announcement: North East Equity Pty Ltd v Proud Nominees Pty Ltd [2012] FCAFC 1 (19 January 2012) |
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| 12/01/2012 1:24 PM | | |
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – REPUDIATION AND NON-PERFORMANCE – REPUDIATION – WHAT AMOUNTS TO REPUDIATION – where the first defendant and the second and third defendants, as guarantors, entered into a franchise agreement with the plaintiff for the operation of a photography business – where the agreement was for a term of 5 years – where the defendants purported to terminate the agreement and continue their photography business under a new name – whether the plaintiff breached the agreement – whether the defendants were entitled to terminate the agreement – whether the defendants repudiated the agreement
TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS – CHARACTER OR ATTRIBUTES OF CONDUCT OR REPRESENTATION – STATEMENTS AS TO FUTURE MATTERS AND PROMISES – where the plaintiff made representations as to future matters – whether the plaintiff made misrepresentations to the defendants which induced them to enter into the franchise agreement
TRADE AND COMMERCE – OTHER REGULATION OF TRADE OR COMMERCE – RESTRAINTS OF TRADE – CONSTRUCTION OF AGREEMENTS – PARTICULAR AGREEMENTS – where the plaintiff seeks to restrain the defendants from continuing its photography business – whether the plaintiff should be granted an injunction
INTELLECTUAL PROPERTY – CONFIDENTIAL INFORMATION – INFORMATION PROTECTED – where the plaintiff argues the defendants used customer details as a ‘springboard’ – where the plaintiff argues the defendants used software it had developed – whether the software was confidential information |
| Link to announcement: Little Images Pty Ltd v Fresh View Venture Pty Ltd & Ors [2011] QSC 402 (20 December 2011) |
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| 12/01/2012 1:23 PM | | |
TRADE PRACTICES – pearling agreements – loan agreement - misleading and deceptive conduct alleged
CONTRACT – termination of pearling agreement – breach alleged – rectification sought
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| Link to announcement: Sharp v Cossack Pearls Pty Ltd [2011] FCA 1477 (20 December 2011) |
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| 12/01/2012 1:22 PM | | |
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – REPUDIATION AND NON-PERFORMANCE – REPUDIATION – APPLICATION TO LEASES – where there was a sublease of Crown land between the first appellant as sub-lessor and the fourth respondent as sub-lessee – where the sublease was for a term of over 90 years with a nominal rent – where the sublease provided strong protection for the sub-lessee upon default – whether the first appellant was entitled to terminate the sublease for repudiation by the fourth respondent
REAL PROPERTY – CROWN LANDS – QUEENSLAND – GENERALLY – where the respondents submitted that subleases under the Land Act 1994 (Qld) are statutory interests and are not governed by common law doctrines – where the respondents argued on appeal that a clause in the sublease excluded the application of the common law doctrine of repudiation – where the arguments were not raised or were raised and abandoned at first instance – whether the respondents should be permitted to rely on arguments not relied on at first instance – whether the common law doctrine of repudiation is applicable to subleases of Crown land under the Land Act 1994 (Qld) Land Act 1962-1981 (Qld) (repealed)
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| Link to announcement: Keswick Developments Pty Ltd & Anor v Keswick Island Pty Ltd & Ors [2011] QCA 379 (20 December 2011) |
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| 12/01/2012 1:20 PM | | |
Proceedings adjourned to the Registrar's list on Monday 12 December 2011. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] |
| Link to announcement: New South Wales Crime Commission v Lee [2011] NSWCA 398 (5 December 2011) |
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| 12/01/2012 1:19 PM | | |
Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
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| Link to announcement: Konstantopoulos v R & M Beechey Carriers Pty Ltd [2011] NSWCA 388 (15 December 2011) |
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| 12/01/2012 1:18 PM | | |
CONTRACT - appellants alleged that oral agreement was made immediately prior to parties entering into written letter agreement - oral agreement contradicted terms of written letter agreement in relevant respects - whether possible for earlier oral agreement to vary subsequent written agreement - whether agreement between the parties was partly oral and partly in writing |
| Link to announcement: Skyrise Consultants Pty Ltd v Metroland Funds Management Ltd [2011] NSWCA 406 (12 December 2011) |
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| 12/01/2012 1:17 PM | | |
Contract - Restraint of trade - Clause in restraint of trade - Construction - Restraining party must have legitimate interest to protect - Reasonableness of restraint - Duration of restraint - Alleged breach of restraint - Turns on own facts Tort - Interference in contractual relations - Inducement to commit breach of contract - Relevant principles - Turns on own facts
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| Link to announcement: JADDCAL PTY LTD -v- MINSON [No 3] [2011] WASC 362 (23 December 2011) |
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| 12/01/2012 1:15 PM | | |
Contract - Settlement of action - Deed - Summary enforcement by court in original action - Alleged counterclaim - Assertion of set-off - No basis for equitable set-off
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| Link to announcement: FORRESTER -v- CLARKE [2012] WASC 3 (6 January 2012) |
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| 12/01/2012 1:13 PM | | |
(1) The judgment of her Honour Madgwick LCM dated 26 April 2010 is varied to the extent that the defendant is to pay the plaintiff an additional $1,100, such that total damages payable are $12,100. (2) The second further amended summons dated 9 June 2011 is otherwise dismissed. (3) The cross appeal is dismissed. (4) Costs are reserved. |
| Link to announcement: Airloom Holdings Pty Ltd v Thales Australia Ltd [2011] NSWSC 1513 (14 December 2011) |
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| 12/01/2012 1:12 PM | | |
CONTRACT - where the defendant was a participant in the plaintiff's bidding group which purchased commercial properties from a third party - whether there was a binding agreement between the plaintiff and the defendant that the defendant would pay a fee to the plaintiff if the plaintiff included the defendant in the bid and the defendant ultimately purchases two properties from the third party - whether the plaintiff is prohibited by s 9 of the Property, Stock and Business Agents Act 2002 (NSW) to recover the fee |
| Link to announcement: Lend Lease Real Estate Investments Ltd v Charter Hall Retail Management Ltd [2011] NSWSC 1624 (30 December 2011) |
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| 12/01/2012 1:12 PM | | |
CONTRACT - construction of contract - where the plaintiff and defendant are parties to a contract pursuant to which the defendant provides data transfer services to the plaintiff who then resupplies those services to its customers for a term of five years - where the contract stipulates the provision by the defendant of termination assistance to the plaintiff during the last six months of the contract up till 180 days after the term of the contract - what services the defendant is required to continue to provide after the five-year term - what standard of service the defendant is required to provide in its termination assistance - what price is the plaintiff required to pay the defendant for termination assistance - where the contract requires both parties to negotiate and agree on a termination assistance plan within a specified time period but that has not occurred - where the contract contemplates that a termination assistance plan may not be prepared by the parties - whether time is of the essence - whether the plaintiff can, almost three years after the contractually specified time limit, rely on the clause that requires a termination assistance plan to be prepared within one year of commencement of the contract |
| Link to announcement: Cuscal Ltd v First Data Resources Australia Ltd [2011] NSWSC 1625 (30 December 2011) |
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| 12/01/2012 1:09 PM | | |
CONTRACT - unjust - Contracts Review Act 1980 (NSW) - operation of Act where lender uses mortgage originators which in turn use sub-introducers to bring forward potential borrowers - sub-introducers engaged in fraud by falsifying relevant information concerning assets and earnings of borrowers in relation to low documentation lending secured by mortgage over borrowers' homes - lenders had no knowledge of fraud - relevant enquiry for the purposes of the Act, ss 7 and 9 is whether contract is unjust in all the circumstances of the case and whether it is just to grant relief - low documentation lending not unjust of itself but carries inherent systemic risk - principal safeguard against risk in present cases was vigorous application by lender of lending guidelines - lending guidelines not followed - just in all circumstances to grant relief notwithstanding carelessness of borrowers. AGENCY - nature of relationship - agency is a consensual arrangement whereby one party undertakes to act for or on behalf of another - centrality of conception of identity or representation of the principal - entrusting of organisational or enterprise tasks to another party not of itself sufficient to constitute relationship of agency - no relationship of agency between mortgage originator and sub-introducer. UNCONSCIONABLE CONDUCT - requirement of moral obloquy or that conduct is irreconcilable with what is just and reasonable - necessary to characterise relevant contracting party's conduct as unconscionable and not that of a third party - unconscionability not made out in absence of knowledge of contracting party of fraud of third party - Australian Securities and Investments Commission Act 2001 (Cth), ss 12CB and 12CC considered. |
| Link to announcement: Tonto Home Loans Australia Pty Ltd v Tavares; FirstMac Ltd v Di Benedetto; FirstMac Ltd v O'Donnell [2011] NSWCA 389 (21 December 2011) |
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| 12/01/2012 1:09 PM | | |
CONTRACT - interpretation - effect of entry into deed of release on operation of employment agreement - whether employee entitled to terminate by giving three months' notice - whether restraint of trade clause continued to apply - distinction between termination of employment relationship and termination of employment contract EMPLOYMENT- whether restraint of trade clauses reasonable and enforceable REMEDIES - injunctions to enforce covenants in restraint of trade - whether "springboard" doctrine provides basis for injunction beyond period of contractual restraint - basis for injunctive relief against company not bound by covenants APPEAL - practice and procedure - whether leave to appeal required - interpretation of s 101(2)(r)(ii) Supreme Court Act - whether should exercise discretion to grant leave - considerations - whether proceedings moot - whether any question of principle - costs incurred in proceedings below |
| Link to announcement: Jardin and Jardim Investments Pty Ltd v Metcash Ltd and Metcash Trading Ltd [2011] NSWCA 409 (22 December 2011) |
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| 12/01/2012 1:07 PM | | |
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| Link to announcement: Old v McInnes and Hodgkinson [2011] NSWCA 410 (22 December 2011) |
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| 12/01/2012 12:53 PM | | |
CONTRACT - purchase and lease of aircraft - appointments of Manager - stipulated management fee - appointment of a replacement Manager - whether fee payable - construction of documents - congruent operation - fee payable. SECURITIES - events of default - money payable to chargor - direction to pay to third party - third party would hold on trust for chargor - whether attempt to dispose of or deal with or allow interest to arise in secured property without chargee's consent - money was payable by chargee - payment would be with its consent - no attempt etc. TRUSTS - whether third party would hold the money on trust - whether objective manifestations of intention - intention manifested. |
| Link to announcement: RIL Aviation HL 7740 and HL 7741 Pty Ltd v Alliance & Leicester plc & Ors [2011] NSWCA 423 (22 December 2011) |
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| 12/01/2012 12:51 PM | | |
CONTRACTS - guarantees - Inquiry and report on questions remitted by Court of Appeal on 24 April 2008 in [2007] NSWCA 169 - decision on facts |
| Link to announcement: Mary Patricia Bakarich v Commonwealth Bank of Australia [2011] NSWSC 1559 (15 December 2011) |
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| 12/01/2012 12:50 PM | | |
EQUITY - TRUSTS - whether moneys paid into firm of solicitors' trust account was held on express trust for plaintiff as it was only to be used for a prescribed purpose - whether trust was breached by payment out of trust account of moneys for purposes other than prescribed purpose - whether plaintiff entitled to equitable compensation - whether third defendant liable as an accessory to breach of express trust or breach of Quistclose trust under the first and/or second limbs of Barnes v Addy - consideration of Quistclose trust - HELD - express trust in favour of plaintiff - breach of trust established - plaintiff entitled to equitable compensation - third defendant liable for receiving and becoming chargeable with trust property and for knowing assistance in breach of trust - TORTS - NEGLIGENCE - duty of care - whether firm of solicitors, as trustees under Quistclose trust owed plaintiff a duty of care in relation to moneys held in trust account and whether that duty has been breached - HELD - had this issue arisen breach of duty of care would have been established - CONTRACT - whether contract between plaintiff and third defendant and if so whether third defendant is liable to repay moneys pursuant to frustration of contract or on a failure of consideration - HELD - contract established between plaintiff and third defendant - had this issue arisen third defendant would have been liable on total failure of consideration or on frustration of contract - PROPORTIONATE LIABILITY - whether claim for equitable compensation for breach of trust is an apportionable claim pursuant to Part 4 of the Civil Liability Act 2002 (NSW) - HELD - liability for breach of trust where that liability not predicated on failure to take reasonable care is not an apportionable claim - FAIR TRADING ACT - whether cross-defendant liable for misleading and deceptive conduct - HELD liable to indemnify for loss caused by misrepresentation that funds were beneficially his - EQUITABLE CONTRIBUTION - whether power to order unequal contribution between concurrent wrongdoers - HELD - equitable contribution had it arisen in this case should be pro rata |
| Link to announcement: George v Webb & ors [2011] NSWSC 1608 (20 December 2011) |
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| 19/12/2011 10:13 AM | | |
CONTRACT – Alleged misuse of confidential information - Whether confidential information properly identified and capable of protection
PROCEDURE – Appeal against summary dismissal – Whether no real prospect of success – Whether matter should proceed to trial - Sections 63 and 64 of the Civil Procedure Act 2010 – Whether claim disclosed a cause of action – Order 23.01 of the Supreme Court (Civil Procedure) Rules 2005 |
| Link to announcement: Manderson M & F Consulting (a firm) v Incitec Pivot Limited [2011] VSCA 444 (9 December 2011) |
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| 19/12/2011 10:11 AM | | |
TRADE PRACTICES – Misleading or deceptive conduct – Loss and damage – Proof thereof - Comparison with position if not misled – Supervening event – Onus of proof if several causes – Trade Practices Act 1974 (Cth) ss 52, 82.
DAMAGES – Proof that settlement reasonable – Evidence to be called. |
| Link to announcement: BHP Billiton (Olympic Dam) Corporation Pty Ltd v Steuler Industriewerke GmbH (No 2) [2011] VSC 659 (16 December 2011) |
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| 19/12/2011 10:08 AM | | |
CONTRACTS — application for declaration that respondent’s purported termination of contract was unlawful and invalid — where issue of termination of contract was to be decided as a separate question from the related Trade Practices Act 1974 (Cth) cause of action — where respondent had contracted with Commonwealth to provide defence supplies and support — where respondent entered into ‘back to back’ subcontract with applicant for provision of some supplies and support — where both contracts contained an ‘acquisition phase’ and an ‘operate and support/manage’ phase (‘O and S/M’) — where Commonwealth sought to terminate its contract for convenience after the acquisition phase and enter into new form of contract with respondent for the O and S/M phase with the terms and conditions remaining substantially the same — where Commonwealth and respondent entered into deed terminating contract and entered a new contract — where respondent purportedly terminated its subcontract with the applicant in reliance on a clause entitling it to terminate for convenience where it had received notice that Commonwealth had terminated for convenience — whether entry into deed and new contract constituted notice by Commonwealth of termination of main contract — whether deed and new contract were really reduction in scope or variation of the main contract which did not entitle respondent to terminate the subcontract — whether the subcontract contained implied terms that neither party would by its own motion prevent the other’s performance of the subcontract, that neither party would do anything to destroy efficacy of the parties’ bargain, and that each party would do all things necessary to enable the other to have the benefit of the contract — whether implied term required respondent to enter into deed varying rather than terminating its contract with Commonwealth — whether respondent obliged by implied term of cooperation to pass on new contractual provisions as variations to the existing subcontract Held: The respondent had validly and lawfully terminated the subcontract. |
| Link to announcement: BAE Systems Australia Ltd v Cubic Defence New Zealand Ltd [2011] FCA 1434 (14 December 2011) |
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| 19/12/2011 10:07 AM | | |
CONTRACTS- Contracts Review Act 1980, s 9- unjust contract- undue influence depends not on the state of awareness of the victim but on the psychological ascendency of the perpetrator over the victim- appellant of lower than average intelligence entered into refinancing contract influenced by co-borrower- appellant had no ability to service the loan- primary judge found respondent bank had no knowledge of influence or inability to pay- the establishment of one or more of the criteria in s 9(2) does not necessarily mean the Court will find the contract is unjust- to find a contract unjust, the Court must look at all the circumstances- Court retains discretion as to whether to set aside the contract as unjust- even if a result found in favour of the appellant, to get relief, appellant would have to first repay money used to her advantage to discharge prior mortgage- contract not found unjust. |
| Link to announcement: oliero v Commonwealth Bank of Australia [2011] NSWCA 371 (1 December 2011) |
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| 19/12/2011 10:06 AM | | |
INTELLECTUAL PROPERTY – trade marks – claim for infringement of trade marks under licence agreement executed by parties – contractual provision in licence agreement prohibited use of any mark “similar to or capable or being confused with” the marks the subject of the licence agreement – parties carried on businesses in different specialised markets within broader allied health sector and not to general public – whether evidence from persons accustomed to dealing in specialised market as to likelihood of deception or confusion required
CONTRACTS – whether contractual term “similar to or capable of being confused with” picked up statutory language “likely to deceive or cause confusion” in ss 10 and 120(1) of Trade Marks Act 1995 (Cth) – different words used in contractual term indicated statutory test did not apply – ordinary and natural disjunctive meaning applied
Held: primary judge erred by approaching question of infringement as jury question without evidence of persons accustomed to dealing in specialised market in circumstances where trade marks were used only in specialised markets – marks manifestly different and not capable of being confused on ordinary person’s view
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| Link to announcement: Idameneo (No 789) Ltd v Symbion Pharmacy Services Pty Ltd [2011] FCAFC 164 (15 December 2011) |
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| 19/12/2011 10:04 AM | | |
CONTRACT – Breach of a material obligation – Notice of Dispute – Whether the Notice of Dispute adequately identified the dispute.
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| Link to announcement: RCL Kalynda Pty Ltd & Anor v Urbex Pty Ltd & Anor [2011] VSC 650 (15 December 2011) |
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| 19/12/2011 10:04 AM | | |
CONTRACT – Contract for construction and installation of fence – Repudiation by purchaser – Whether entitled to repayment of deposit less damages incurred by vendor – Whether relief against forfeiture in equity – Appeal from Magistrates’ Court – Whether competent to raise question of law not raised in Magistrates’ Court. |
| Link to announcement: Fiorelli Properties Pty Ltd v Professional Fencemakers Pty Ltd & Anor [2011] VSC 661 (16 December 2011) |
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| 19/12/2011 10:02 AM | | |
CONTRACT – Alleged misuse of confidential information - Whether confidential information properly identified and capable of protection
PROCEDURE – Appeal against summary dismissal – Whether no real prospect of success – Whether matter should proceed to trial - Sections 63 and 64 of the Civil Procedure Act 2010 – Whether claim disclosed a cause of action – Order 23.01 of the Supreme Court (Civil Procedure) Rules 2005 |
| Link to announcement: Manderson M & F Consulting (a firm) v Incitec Pivot Limited [2011] VSCA 444 (9 December 2011) |
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| 14/12/2011 10:00 AM | | |
As the Commercial Court enters the Summer hiatus and the festive season approaches, we at the Commercial Court would like to express the compliments of the season to all and hope that 2012 brings joy and prosperity. |
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| 14/12/2011 9:56 AM | | |
CONTRACT – Anticipatory breach – Failure to make funds available under a Facility Agreement – Obligations of Guarantors – Whether written notification given by borrower was sufficient under the terms of the Agreement – Whether Financiers’ breach discharges Guarantors from liability - Appropriation of funds.
MISLEADING AND DECEPTIVE CONDUCT – Australian Securities and Investment Commission Act 2001 (Cth) – Defendants’ reliance upon representation induced them to enter into agreement to act as guarantors - Relief available for misleading or deceptive conduct. |
| Link to announcement: Ausmezz Pty Ltd & Anor v Goldberger & Ors [2011] VSC 640 (12 December 2011) |
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| 14/12/2011 9:53 AM | | |
CONTRACT - security for performance of obligations under contract - whether conversion of security into cash then deposited into bank account amounted to appropriation - whether security intended to serve function of risk allocation - meaning of words 'to account' in contract. |
| Link to announcement: EGL Management Services v Northern SEQ Distributor-Retailer Authority [2011] NSWSC 1234 (2 November 2011) |
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| 14/12/2011 9:52 AM | | |
DAMAGES - General Principles - breach of contract - sale of goods - Robinson v Harman - plaintiff conducting an assisted reproduction technology practice - hypothetical sale and purchase of straws of sperm - sperm supplied valueless - assessment of time of breach - whether subsequent changes in legislation, codes of practice and ethical guidelines should be taken into account - whether credit should be given for betterment
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| Link to announcement: St George Fertility Centre Pty Ltd v Clark [2011] NSWSC 1276 (25 October 2011) |
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| 14/12/2011 9:51 AM | | |
EQUITY - TRUSTS - whether on proper construction of Sale of Business Agreement, moneys received into first defendant's trading account were impressed with an implied or resulting trust or otherwise held on constructive trust for the plaintiff - whether, if so, plaintiff entitled to trace into account in which moneys now held - whether second and third defendants liable for any shortfall in the retained moneys under the second limb of Barnes v Addy - HELD - implied or resulting trust arose on receipt of the moneys into the trading account and plaintiff able to trace into part of the funds held in the controlled moneys account - knowing assistance in dishonest breach of trust or fiduciary duty established - CONTRACT - whether breach by first defendant of warranties in Sale of Business Agreement - whether breach by plaintiff of obligation to conduct business after completion in ordinary and usual course - HELD - only breach of warranty established was in relation to preparation of company's accounts - no damages recoverable in respect of that breach as no reliance on the relevant warranty - having regard to meaning of "ordinary and usual course" of business no breach of contractual obligation by plaintiff in that regard - plaintiff entitled to set-off as against moneys owing by it to first defendant under Sale of Business Agreement the shortfall on its retained moneys claim after payment out of moneys held on trust for its benefit |
| Link to announcement: Australian Receivables Ltd v Tekitu Pty Ltd (Subject to Deed of Company Arrangement) (Deed Administrators Appointed) & ors [2011] NSWSC 1306 (31 October 2011) |
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| 14/12/2011 9:50 AM | | |
CONTRACT - ss 31, 40 and 50 Sale of Goods Act 1923 (NSW) - contract for the supply and purchase of iron ore - construction of provision entitling buyer to request seller not to load shipments - whether seller's concurrence required - whether buyer breached contract by refusing delivery - provision entitling buyer to reduce level of purchases where caused by requirement for buyer to reline its blast furnace and provided reduction was reasonably proportional to reductions of purchases from other iron ore suppliers - whether buyer exercised its rights under the provision - whether reduction was reasonably proportional - BREACH - whether purchaser breached contract by not being ready and willing to deliver - whether buyer dispensed with requirement for purchaser to be ready and willing - DAMAGES - whether seller suffered damages where it was not ready and willing to deliver - measure of damages - mitigation - whether seller failed to mitigate damages - construction of limitation provision
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| Link to announcement: OneSteel Manufacturing Pty Ltd -v- BlueScope Steel (AIS) Pty Ltd [2011] NSWSC 1450 (29 November 2011) |
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| 14/12/2011 9:48 AM | | |
COSTS - insurance - contract - whether insurer required to indemnify against certain costs - whether recovery of costs would impose liability in excess of policy limit. |
| Link to announcement: Jeandin v Tzovaras [2011] NSWSC 1511 (1 December 2011) |
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| 14/12/2011 9:46 AM | | |
CONTRACTS – interpretation – construction contract – clause relating to purchase of unaffixed items – full payment not made by Principal – whether Principal acquired ownership of items pursuant to clause
TORTS – conversion – ownership of unaffixed items – whether items converted – measure of damages |
| Link to announcement: Management 3 Group Pty Ltd (In Liq) v Lenny's Commercial Kitchens Pty Ltd [2011] FCAFC 162 (12 December 2011) |
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| 12/12/2011 9:30 AM | | |
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| Link to announcement: SECOLA -v- McCANN [No 2] [2011] WASC 342 (9 December 2011) |
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| 12/12/2011 9:27 AM | | |
MAGISTRATES - APPEALS AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - OFFER AND ACCEPTANCE - AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT - WHETHER CONCLUDED CONTRACT
Appeal against findings of a Magistrate – Magistrate held oral contract between appellant and first respondent for purchase of a motor vehicle – appellant appealed on the grounds that the Magistrate erred in finding any contract existed between the parties and in finding that the first respondent had paid $21,000 towards the purchase of the motor vehicle – appellant alleged other errors of fact made by the Magistrate - whether the Magistrate assessed the totality of the evidence – whether the Magistrate misused certain documentary evidence – whether conclusion correct.
Held: appeal dismissed – Magistrate correctly assessed all the evidence before the court and gave due weight and consideration to all of the evidence – no errors of fact or law to justify appellate intervention – a contract existed between the appellant and first respondent to purchase the motor vehicle and the first respondent paid $21,000 to the appellant for the purchase of the vehicle. |
| Link to announcement: PORTELLOS v GERBLICH & ANOR [2011] SASC 219 (9 December 2011) |
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| 8/12/2011 2:05 PM | | |
These matters are scheduled to begin on the stated dates. |
| Link to announcement: Trials listed 5 December - 16 December 2011 |
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| 8/12/2011 1:56 PM | | |
Contract - Sale of unsubdivided land by offer and acceptance - Incorporation of General Conditions 2002 - Defendants to use their 'best endeavours' to obtain subdivision approval as soon as practicable - The question of an 'unacceptable condition' re cost of subdivision approval - Principles of construction of contract - The contract construed - The term as to time - Breach of contingent condition - Availability of specific performance - Damages in the alternative |
| Link to announcement: REHINS PTY LTD -v- DEBIN NOMINEES PTY LTD [No 2] [2011] WASC 168 (8 July 2011) |
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| 8/12/2011 1:55 PM | | |
TAXATION - assessable petroleum receipts - marketable petroleum commodity - excluded commodity - liability to tax on profits derived from receipts of a petroleum project - whether assessable petroleum receipts derived upon the sale of gas or liquefied petroleum gas (LPG) are to be ascertained by reference to the net sale price received on the sale of gas or LPG, or at the first point in the production process when the hydrocarbons satisfy the technical definition of sales gas or LPG - single integrated project for the process of petroleum recovery - when a product is “produced” - concept of “marketability”
STATUTORY INTERPRETATION - extrinsic materials - ordinary meaning conveyed by the text - context of the Act - legislative history - whether the meaning of a term defined can be construed by reference to its definition
CONTRACT - annual minimum “take or pay” amounts for gas - whether “shortfall payments” from previous years were brought to account as assessable petroleum receipts in the years to which the payments related or when the “Make Up Gas” was taken - whether a variation of the sales agreement to increase the range of the maximum quantity of gas to be delivered on a given day was consideration for the sale of gas |
| Link to announcement: Esso Australia Resources Pty Ltd v Commissioner of Taxation [2011] FCAFC 154 (6 December 2011) |
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| 8/12/2011 10:19 AM | | |
- The orders sought in paragraphs 1, 2 and 3 of the Fourth Respondent’s interlocutory application dated 23 November 2011 be refused.
- Paragraph 7 of the orders made herein on 26 October 2011 be varied so as to permit the Fourth Respondent to file and serve its evidence on or before 16 December 2011.
- The orders made on 23 November 2011 be vacated. In lieu thereof it be ordered that:
(a) The Applicant file and serve any further evidence on which it proposes to rely at trial on or before 9 December.
(b) The Second, Third and Fourth Respondents file and serve any evidence on which they propose to rely at trial on or before 16 December 2011.
(c) The Applicant file and serve any evidence in reply on or before 30 January 2012.
- The Fourth Respondent pay the Applicant’s costs of the interlocutory application.
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| Link to announcement: Australian Competition and Consumer Commission v Turi Foods Pty Ltd [2011] FCA 1382 (2 December 2011) |
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| 7/12/2011 3:15 PM | | |
TRADE AND COMMERCE - other regulation of trade or commerce - statutory regulation of particular matters - Fair Trading Act 1987 - misleading or deceptive conduct - representations by financial adviser as to present and future matters - nature and performance of investments - whether reliance by investors upon advice
TORTS - negligence - professional advice concerning investments in agricultural managed investment schemes - breach of duty - whether financial adviser failed to carry out adequate assessment of investments - whether investments were "sound, prudent and sensible" having regard to investors' instructions and risk profile - contributory
negligence - apportionment of responsibility and damages
CONTRACTS - general contractual principles - discharge, breach and defences to action for breach - whether breach of retainer by accountants and financial advisers in relation to investment advice
EQUITY - general principles - fiduciary relationships - financial adviser - conflict of interest arising from commission entitlement in respect of finance borrowings for investments - whether breach of fiduciary duty - whether financial adviser failed to eschew conflict of interest
CORPORATIONS - financial services and markets - financial services providers - advice to retail clients - whether statements of advice provided - whether statements of advice defective - liability of financial services licensee and authorised representative - whether loss or damage suffered because of failure of provide statement of advice or because statement of advice defective
DAMAGES - general principles - valuation of failed agricultural managed investment scheme investments - effect of investments on plaintiffs’ post-tax cashflow - application of consumer price index to reflect present value - application of Supreme Court rates to reflect loss of opportunity to earn interest
DAMAGES - general principles - incidence of taxation as affecting damages - "grossing up" of damages for taxation - expenditure relating to tax-deductible investments - ordinary income - whether damages to "fill the hole" in assessable income - statutory income - whether assessable recoupment - whether assessable recoupment ascertainable from award of damages
LIMITATION OF ACTIONS - contracts, torts and personal actions - when time begins to run on claims - failed investments - question as to when loss occurred
PARTNERSHIP - generally - what constitutes partnership - whether directors of a corporate partner were partners themselves - conduct of corporate directors consistent with them being partners as individuals - construction of partnership agreement
PARTNERSHIP - actions by and against partners - actions and proceedings against firms and individual partners - whether chartered accountancy firm liable for conduct of related financial planning business
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| Link to announcement: Tomasetti v Brailey [2011] NSWSC 1446 (17 November 2011) |
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| 7/12/2011 2:44 PM | | |
CONTRACT – Whether email from plaintiff was an offer to sell property which was capable of acceptance – Whether defendant accepted all of the conditions of the plaintiff’s offer to sell – Whether payment of owners corporation fees and council rates created equitable estoppel against plaintiff denying any contract of sale had been concluded.
PRACTICE AND PROCEDURE – Application for summary judgment for possession of property – Whether defence and counterclaim alleging concluded contract of sale or equitable estoppel had no real prospect of success – Civil Procedure Act 2010, ss 63, 64. |
| Link to announcement: Dattner v Wharton [2011] VSC 610 (1 December 2011) |
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| 7/12/2011 9:17 AM | | |
SALE OF GOODS - mercantile agent - agent put in possession of vehicle and authorised to sell - agent's employee sold vehicle to financier and entered into hire purchase agreement for his own benefit - agent did not have actual authority to sell vehicle - whether purchaser obtained title pursuant to s 5(1) Factors (Mercantile Agents) Act 1923 - whether sale made by agent in ordinary course of business of mercantile agent - agent would not supply false invoice if carrying out a transaction it was authorised by principal to carry out - sale not in ordinary course of business of mercantile agent - whether purchaser acted in good faith and in absence of notice of lack of authority to sell - absence of good faith where purchaser suspected that the thing was not altogether right and consciously refrained from making inquiry - s 5 Factors (Mercantile Agents) Act 1923 not satisfied - purchaser did not acquire title |
| Link to announcement: Mercedes-Benz Financial Services Australia Pty Limited v State of New South Wales & Anor [2011] NSWSC 1458 (30 November 2011) |
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| 7/12/2011 9:15 AM | | |
BANKING AND FINANCIAL INSTITUTIONS – history of the law of penalties – penal bonds – rule of law and equity – Statute of William III – Statute of Anne – law of penalties in Australia and United Kingdom – liquidated damages – agreed damages – genuine pre-estimate of damage – requirement of breach – relationship between banker and customer – construction of contract between banker and customer – regulatory framework – product disclosure statements – retail deposit accounts – consumer credit card accounts – commercial credit card accounts – business classic accounts – honour fee – dishonour fee – late payment fee – late payment fee – non-payment fee – overlimit fee |
| Link to announcement: Andrews v Australian and New Zealand Banking Group Limited [2011] FCA 1376 (5 December 2011) |
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| 5/12/2011 9:56 AM | | |
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where the appellants signed contracts with the first respondent, a property developer, to buy apartments “off the plan” – where the first respondent advised that it had been unable to obtain satisfactory approval of construction finance required for development to proceed and proposed that the contract be terminated by mutual agreement – where the appellants then commenced proceedings for damages for breach of contract – where the trial judge found there had been no breach of contract – where the appellants argued the trial judge addressed incorrect issues and failed to consider the relevant clauses requiring the first respondent to build the residential apartment building – whether the trial judge erred in failing to consider the clauses in the contracts which unconditionally and expressly obliged the first respondent to build the residential apartment building
REAL PROPERTY – TORRENS TITLE – INDEFEASIBILITY OF TITLE – EXCEPTIONS TO INDEFEASIBILITY – FRAUD OR FORGERY – DEALINGS TO DEFEAT CREDITORS – where the appellants claimed that the first respondent transferred property to the second respondent with the aim of defrauding the first respondent’s creditors, in particular, the appellants – where the appellants sought orders against both respondents setting aside Deeds of Loan and Mortgages between them on the basis that the transactions were alienations of property made with intent to defraud creditors – whether the transfer was made with the intent to defraud creditors
CONVEYANCING – BREACH OF CONTRACT FOR SALE AND REMEDIES – PURCHASER’S REMEDIES – DAMAGES – MEASURE OF DAMAGES – where the appellants claimed damages calculated as the difference between the market value of the units as at 31 December 2005 and the respective contract prices plus outlays incurred by each appellant – where the appellants adduced evidence of the value of the units at that date but the respondents did not – where the trial judge held that if it had been necessary to determine the appellants’ damages, his Honour would not have been satisfied that the appellants suffered any loss – whether the trial judge erred in failing to give reasons for preferring one expert opinion over another with respect to the market values in the area – whether the trial judge erred in the assessment of damages and, if so, what is the correct measure |
| Link to announcement: Williamson & McGillivray & Ors v JIA Holdings & Anor [2011] QCA 346 (2 December 2011) |
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| 5/12/2011 9:55 AM | | |
SUCCESSION – WILLS, PROBATE AND ADMINISTRATION – THE MAKING OF A WILL – TESTAMENTARY INSTRUMENTS – CONTRACTS – where the parties are siblings raised by the same parents – where the second plaintiff was the father’s daughter from a previous marriage – where there is evidence that the parties’ parents made an agreement that upon death the surviving parent would divide their estate equally between the three children – where there is evidence the parents communicated their intention to the first plaintiff – where the father predeceased the mother leaving his estate to her – where there is evidence that both prior and subsequent to the father’s death the mother changed her will to favour her biological daughter, the defendant – whether the agreement between the parents is valid and enforceable by the plaintiffs
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – where there is evidence the first plaintiff and the defendant made an oral agreement to divide their parents’ estate equally between the three siblings regardless of what was contained in the mother’s will – where the second plaintiff and the defendant later made the agreement in writing – where the defendant now claims no such oral agreement existed and the written agreement was made under duress – whether the agreement existed and can be enforced
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| Link to announcement: Kennedy & Hunt v Griffiths [2011] QSC 369 (30 November 2011) |
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| 5/12/2011 9:49 AM | | |
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – REPUDIATION AND NON-PERFORMANCE – REPUDIATION – WHAT AMOUNTS TO REPUDIATION – where plaintiffs contracted to purchase apartments “off the plan” in a development described as The Oracle – where seller provided disclosure statements under ss 213 and 214 of the Body Corporate and Community Management Act 1997 (Qld) – where provision for an on-site manager to conduct a letting business and provide services associated with the letting of apartments – where letting agent focused on short-term stays and provided certain hotel-like services to guests – where plaintiffs claim that the tower was no longer a residential tower but was a hotel/resort branded Peppers Broadbeach – whether tower had ceased to be a residential tower – whether tower had been branded Peppers Broadbeach – whether seller had repudiated contracts
CONVEYANCING – STATUTORY OBLIGATIONS OR RESTRICTIONS RELATING TO CONTRACT FOR SALE – PROTECTION OF PURCHASERS – OBLIGATIONS ON VENDOR: DISCLOSURE, WARNINGS AND LIKE MATTERS – where certain plaintiffs claim that disclosure statements had become inaccurate and any such inaccuracy would cause buyers material prejudice if compelled to complete – where certain plaintiffs seek to avoid the contracts under ss 214 and 217 of the BCCM Act – whether disclosure statements became inaccurate – whether inaccuracy in the name of the tower would cause material prejudice to the plaintiffs if compelled to complete the contracts |
| Link to announcement: Gough & Anor v South Sky Investments Pty Ltd; Wicks v South Sky Investments Pty Ltd; NOA 8338 Pty Ltd & Anor v South Sky Investments Pty Ltd; Ryan v South Sky Investments Pty Ltd; Linemint Pty Ltd & Anor v South Sky Investments Pty Ltd; Walsh & Anor v Sou |
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| 5/12/2011 9:46 AM | | |
CONTRACT - Mortgage - liability of wife under mortgage entered into by husband and wife - wife under special disadvantage - whether unconscionable and/or unjust for mortgagee to enforce. PROCEDURE - Application for leave to amend pleadings - need amendments not previously appreciated - delay not as a result of tactical or intentional decision - directions to be made to cure any prejudice. LIMITATIONS - Whether action - whether limitation issue should be decided in interlocutory proceedings - evidence relating to loss or damage to be adduced - insufficient known to determine limitation question. |
| Link to announcement: Perpetual Trustees Victoria Ltd v Belcastro [2011] NSWSC 1418 (25 November 2011) |
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| 5/12/2011 9:44 AM | | |
TRADE AND COMMERCE - Misleading or deceptive representations – Sale of racehorse – Issue of veterinary certificate – Agency - Fair Trading Act 1999 (Vic) s 9.
NEGLIGENCE – Part X Wrongs Act 1958 (Vic) – Duty of care - Risk of harm – Foreseeability – Not insignificant risk – Adequacy of response to risk – evidence of loss.
CONTRACT – Breach – Construction - Damages – Failure to effect and maintain Insurance - Whether damages limited to insurance payout - Interpretation of contract of sale - Principles of construction - Deferred payment – Terms providing for a future interest.
EQUITY – Fiduciary duty – Vendor and Purchaser - Existence of a Fiduciary Relationship. |
| Link to announcement: Ultra Thoroughbred Racing Pty Ltd v Those Certain Underwriters & Ors [2011] VSC 589 (2 December 2011) |
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| 5/12/2011 9:41 AM | | |
Associations Incorporations Act – Section 36CA – Distribution of surplus assets of church incorporated under Associations Incorporation Act 1981 at conclusion of winding up – Surplus distributed to bodies which had similar objects and purposes to liquidated church and whose constitutions proscribed distributions of surplus assets to their members in the event of any liquidation or dissolution |
| Link to announcement: Re Nillumbik Community Church Inc [2011] VSC 590 (2 December 2011) |
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| 5/12/2011 9:40 AM | | |
CORPORATIONS – External administration – Application to set aside a statutory demand –pursuant to section 459J of the Corporations Act - Claim not a “debt” within the meaning of section 459E of the Corporations Act rather was a claim for damages which were not “readily calculable” – Demand set aside as being defective – Plaintiff also established genuine disputes in relation to the amounts demanded. |
| Link to announcement: Re Nutshack Franchise Holdings Pty Ltd [2011] VSC 561 (29 November 2011) |
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| 2/12/2011 10:56 AM | | |
Contract - Construction and interpretation - Gas Supply Agreement - Alleged breach - Failure to deliver gas - Failure to make good shortfall - Contractual limitation on liability
Damages - Torts - Economic duress - Whether defendants' exerted illegitimate economic pressure on plaintiff |
| Link to announcement: ELECTRICITY GENERATION CORPORATION t/as VERVE ENERGY -v- WOODSIDE ENERGY LTD [2011] WASC 268 (30 November 2011) |
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| 2/12/2011 10:51 AM | | |
CONTRACT – Whether email from plaintiff was an offer to sell property which was capable of acceptance – Whether defendant accepted all of the conditions of the plaintiff’s offer to sell – Whether payment of owners corporation fees and council rates created equitable estoppel against plaintiff denying any contract of sale had been concluded.
PRACTICE AND PROCEDURE – Application for summary judgment for possession of property – Whether defence and counterclaim alleging concluded contract of sale or equitable estoppel had no real prospect of success – Civil Procedure Act 2010, ss 63, 64. |
| Link to announcement: Dattner v Wharton [2011] VSC 610 (1 December 2011) |
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| 2/12/2011 10:50 AM | | |
CONTRACT - formation - whether oral retainer for provision of legal services - DUTY OF CARE - duty of solicitor to client in contract, at common law and as fiduciary - breach of duty - conflict of interest - failure to advise - DAMAGES - causation - whether, but for the failure to advise, plaintiff would have made unsecured financial investment. |
| Link to announcement: Jeandin v Tzovaras [2011] NSWSC 1254 (4 November 2011) |
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| 2/12/2011 10:47 AM | | |
Courts and judges – Bias – Apprehended bias – Appellant successfully applied ex parte to use respondents' affidavits for foreign proceedings and criminal investigations on several occasions – Judge relied on appellant's unchallenged affidavit evidence – Applications heard in closed court and orders made preventing respondents knowing about applications – Whether fair-minded lay observer might reasonably apprehend judge might not bring impartial and unprejudiced mind to resolution of issues at trial of action.
Practice and procedure – Appeal – Trial judge refused respondents' pre-trial disqualification applications – Trial judge offered to make orders facilitating urgent appeal – Whether order on disqualification application capable of appeal – Respondents did not seek leave to appeal – Whether respondents permitted to raise disqualification on appeal from final judgment.
Abuse of process – Multiple proceedings – Appellant commenced arbitration proceeding against solicitor in London for breach of fiduciary duty then proceeding against respondents in Supreme Court of New South Wales for knowingly assisting solicitor's breach and in tort – Loss from substantially same breaches of fiduciary duty alleged in both proceedings – Proceedings could not be brought in one venue – Supreme Court delivered judgment before arbitrators delivered award on liability – Findings about appellant's loss differed – Whether Supreme Court proceeding abuse of process.
Equity – Remedies – Solicitor liable to appellant for breach of fiduciary duty – Respondents liable to appellant for knowingly assisting solicitor's breach – Whether respondents' liability ancillary to, coordinate with or necessarily limited by solicitor's liability – Equity against double recovery – Whether respondents have equity to prevent appellant enforcing Supreme Court judgment against them where particular loss satisfied pursuant to arbitral award against solicitor.
Words and phrases – "abuse of process", "appeal", "apprehended bias", "arbitration", "disqualification", "double recovery", "ex parte application", "multiple proceedings", "order". |
| Link to announcement: Michael Wilson & Partners Limited v Nicholls [2011] HCA 48 (1 December 2011) |
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| 2/12/2011 10:46 AM | | |
COSTS – APPEAL – Appeal unsuccessful – Calderbank offer from respondent to unsuccessful appellant – Offer not accepted – Whether indemnity costs should be awarded – Whether non-acceptance of offer was unreasonable – Where appeal sought to establish recent decision of the Court was plainly wrong – Appeal was not hopeless or conducted in bad faith – Offer effectively an offer to capitulate – Failure to accept offer not unreasonable. |
| Link to announcement: Commissioner of State Revenue v Challenger Listed Investments Ltd (No 2) [2011] VSCA 398 (1 December 2011) |
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| 30/11/2011 12:35 PM | | |
Evidence – Privilege – Spousal privilege – Witness summonsed pursuant to s 28(1) of Australian Crime Commission Act 2002 (Cth) ("Act") to give evidence regarding "federally relevant criminal activity" involving her husband – Witness declined to answer examiner's questions by claiming spousal privilege – Whether spousal privilege exists at common law and, if so, whether spousal privilege extends to non-curial proceedings – If spousal privilege exists at common law, whether Act restricts or abrogates spousal privilege |
| Link to announcement: Australian Crime Commission v Stoddart [2011] HCA 47 |
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| 30/11/2011 12:33 PM | | |
Electronic Transactions (Victoria) Amendment Act 2011 No. 52/2011 has been proclaimed to commence on 1 December 2011 (Vic Govt Gaz S389). |
| Link to announcement: Electronic Transactions (Victoria) Amendment Act 2011 No. 52/2011 |
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| 28/11/2011 11:35 AM | | |
CONTRACT – Investment linked life insurance policy - Construction of terms – Whether special terms negotiated on plaintiffs’ behalf created right to make arbitrage profits at the defendant’s expense through switching of investments between portfolios – Whether defendant breached terms of policy.
APPEAL – Extent of issues remitted for determination by Court of Appeal – Jurisdiction to deal with other matters, the subject of subsequent proceedings and otherwise – Extent to which res judicata, cause of action estoppel and Anshun estoppel arise – Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589.
UNCONSCIONABLE CONDUCT – Damages for unconscionable conduct or, in the alternative, for a breach of s 52 of the Trade Practices Act 1974 – Loss of opportunity to make an alternative investment – Sellars v Adelaide Petroleum NL [1994] HCA 4; (1994) 179 CLR 332. |
| Link to announcement: ACN 074 971 109 (as Trustee for the Argot Unit Trust) & Pegela Pty Ltd v The National Mutual Life Association of Australasia Limited [2011] VSC 519 (25 November 2011) |
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| 28/11/2011 11:34 AM | | |
CONTRACT – contract for the installation of pipelines for resources project – unconditional undertaking procured by contractor in favour of the principal – whether negative stipulation in contract – whether contract precludes the principal from calling on unconditional undertaking.
PRACTICE AND PROCEDURE – interlocutory injunction – whether the contractor demonstrated a prima facie case. |
| Link to announcement: Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd [2011] FCA 1337 (11 November 2011) |
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| 28/11/2011 9:59 AM | | |
The New Green Book
The Chief Justice introduces Practice Note No 10 of 2011 - the new Green Book released on 28 November 2011. |
| Link to announcement: Announcement From The Chief Justice |
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| 25/11/2011 12:09 PM | | |
CORPORATIONS – Appeal from Associate Judge dismissing application to set aside statutory demand – Time for compliance with demand expired before hearing of appeal – Consequences of non-compliance attached when time for compliance not extended – Appeal rendered nugatory – Appeal dismissed – Corporations Act 2001 (Cth) ss 459C(2)(a), 459F(1), (2)(a)(ii), 459G |
| Link to announcement: Tony Long & Co Pty Ltd v Jadeja [2011] VSC 582 (15 November 2011) |
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| 25/11/2011 12:06 PM | | |
CORPORATIONS – Appeal from Associate Judge dismissing application to set aside statutory demand – Whether genuine dispute and offsetting claim – Whether agreement subject to finance – No genuine dispute or offsetting claim – Corporations Act 2001 (Cth) ss 459G, 459H. |
| Link to announcement: Sportsco Pty Ltd v Singh Group Pty Ltd (No 2) [2011] VSC 576 (15 November 2011) |
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| 25/11/2011 12:04 PM | | |
CONTEMPT – Judicial review of Magistrate’s finding of contempt – Sections 134(c) and (e) of Magistrates’ Court Act 1989 (Vic) – Error of law on the face of the record – What constitutes the record – Failure to follow steps in Zukanovic v Magistrates’ Court of Victoria at Moorabbin [2011] VSC 141 – Jurisdictional error - Procedural fairness – Need for clear articulation of the charge – Natural justice.
PRACTICE & PROCEDURE – Judicial review – Order 56 of Supreme Court (General Civil Procedure) Rules 2005 (Vic) - Statutory right of appeal from Magistrates’ Court to Supreme Court – Judicial review as alternative to appeal – Whether to exercise discretion to grant leave to re-open. |
| Link to announcement: Green v Magistrates' Court of Victoria & Anor [2011] VSC 584 (16 November 2011) |
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| 25/11/2011 12:00 PM | | |
Restitution – Action for work and labour done – Recovery on a quantum meruit – Land development – Whether appellant entitled on a quantum meruit claim to 20% of the increase in land value the result of rezoning contributed to by appellant’s work – Whether judge erred in making specific deductions from claim for work and labour done.
Practice and procedure – Interest – Whether appellant entitled to pre-litigation interest in circumstances where no particularised claim made until first day of trial – Delay – Appellant’s expenses not detailed in a timely manner – s 60 Supreme Court Act 1986. |
| Link to announcement: Peet Limited & Ors v Richmond [2011] VSCA 343 (16 November 2011) |
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| 25/11/2011 11:59 AM | | |
DAMAGES - breach causing supplier of goods to cease supply - likelihood that supplier would have ceased supply in any event - whether error in rejecting supplier's evidence - whether error in assessing likelihood - appellate review of credibility-based findings - nature of appellate review of assessment of likelihood - inferences in favour of plaintiff where defendant's wrong makes quantification difficult. |
| Link to announcement: McCartney & Ors v Orica Investments Pty Ltd & Ors [2011] NSWCA 337 (8 November 2011) |
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| 25/11/2011 11:58 AM | | |
CONTRACTS - general contractual principles - construction and interpretation of contracts - BANKING AND FINANCE - instruments - contemporaneous agreements and collateral securities - deed between senior financiers and bond financiers regarding priority and subordination - senior financiers empowered to direct voting of bond financiers in relation to "Liquidation" of borrower - power not exercisable if "instructions would unfairly compromise the rights of the Bond Financiers in a manner beyond that which is contemplated in this Deed" - whether power exercisable in respect of voting on schemes of arrangement in the particular circumstances - question of construction |
| Link to announcement: J P Morgan Chase Bank N.A. v Australia and New Zealand Banking Group Limited [2011] NSWSC 1359 (11 November 2011) |
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| 25/11/2011 11:56 AM | | |
Restitution – Action for work and labour done – Recovery on a quantum meruit – Land development – Whether appellant entitled on a quantum meruit claim to 20% of the increase in land value the result of rezoning contributed to by appellant’s work – Whether judge erred in making specific deductions from claim for work and labour done.
Practice and procedure – Interest – Whether appellant entitled to pre-litigation interest in circumstances where no particularised claim made until first day of trial – Delay – Appellant’s expenses not detailed in a timely manner – s 60 Supreme Court Act 1986. |
| Link to announcement: Peet Limited & Ors v Richmond [2011] VSCA 343 (16 November 2011) |
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| 24/11/2011 1:27 PM | | |
These trials are scheduled to being between 21 November to 2 December 2011. |
| Link to announcement: Trials Listed 21 November to 2 December 2011 |
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| 24/11/2011 12:22 PM | | |
PRACTICE AND PROCEDURE – Application to amend statement of claim – Whether proposed pleading should be allowed in the exercise of the discretion – Whether proposed statement of claim pleaded material facts – Claim of tort of conspiracy – Alleged breach of fiduciary duty by a director – Allegations of receipt of secret commission and fraud.
TORTS – Tort of conspiracy – Combination or agreement - Requirement for intention to injure – Overt acts said to be post injury. |
| Link to announcement: CC Containers Pty Ltd & Ors v Lee & Ors [2011] VSC 537 (23 November 2011) |
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| 24/11/2011 12:21 PM | | |
APPEAL FROM LOCAL COURT - whether error of law - whether Magistrate erred in relief granted - whether Magistrate erred in failing to hold that party had not discharged evidentiary burden - appeal dismissed CONTRACT - contract for sale of business - Contracts Review Act 1980 - contract unjust - discretionary relief |
| Link to announcement: Rashid Raashed v Mosharrof Hussein [2011] NSWSC 1342 (13 November 2011) |
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| 24/11/2011 12:20 PM | | |
CIVIL - contract - loans secured by deeds of guarantee - Debtor deregistered company - Plaintiff seeks to obtain judgment against one defendant guarantor - Other defendants bankrupt or subject of default judgment - No defence filed or appearance by remaining defendant - Satisfactory evidence of present debt of defendant - Judgment against defendant PRACTICE AND PROCEDURE - Defendant filed cross-claim against plaintiff - Defendant subsequently deregistered company - Plaintiff disputes cross-claim - No appearance or evidence in support of cross-claim at hearing - Cross-claim dismissed |
| Link to announcement: Kingsway Group Ltd v Gee Ha Pty Ltd [2011] NSWSC 1355 (12 October 2011) |
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| 24/11/2011 12:19 PM | | |
CONTRACTS - Whether binding and enforceable agreement - defendant provides plaintiff with request for quotation for building works - plaintiff submits quote - defendant responds that plaintiff is successful tenderer and provides draft sub-contract agreement with schedule of rates to be filled out by plaintiff - plaintiff fills out and returns draft contract - plaintiff contends provision of draft contract and announcement that plaintiff successful tenderer comprised offer capable of acceptance - plaintiff contends accepted offer by filling in blanks and returning document to defendant - defendant had communicated that draft sub-contract was subject to review and had reserved to itself final execution - improbable that defendant intended to be bound by whatever plaintiff inserted in schedule - matter inserted in schedule not subject to prior discussion - viewed objectively no intention that parties be bound without both parties executing and communicating execution to one another. |
| Link to announcement: ARA Electrical Engineering Services Pty Ltd t/as Bass Electrical Engineering NSW v McConnell Dowell Constructions (Aust) Pty Ltd [2011] NSWSC 1377 (31 October 2011) |
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| 24/11/2011 12:19 PM | | |
CONTRACTS - Construction and interpretation of contracts - where the contract between the borrower and lender in respect of a substantial commercial loan contains a clause that allows the lender to request the borrower to provide "other information relating to" the "assets" and "financial position" of the borrower - where the lender sought copies of directors and officers insurance policies pursuant to that clause - whether the directors and officers policies insuring the defendant and associated entities and the officers and directors of those entities were required to be produced pursuant to that clause - the nature of an insurance policy - principles of construction of a commercial contract - matrix of circumstances - canons of construction - "expressio unius est exclusio alterius" - "expressum tacit cessare tacitum" - "uniformity and certainty" |
| Link to announcement: BOS International (Australia) Ltd v Babcock & Brown International Pty Ltd [2011] NSWSC 1382 (11 November 2011) |
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| 24/11/2011 12:17 PM | | |
CONTRACTS – contract of sale – contingency contract – condition subsequent – termination – whether Receivers, acting reasonably, considered that termination unlikely to be the subject of dispute, including court proceedings |
| Link to announcement: Australian Securities and Investments Commission v Letten (No 16) [2011] FCA 1308 (16 November 2011) |
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| 24/11/2011 12:16 PM | | |
CONTRACT - terms - construction - unambiguous terms of contract to be given effect in accordance with language, syntax and linguistic context |
| Link to announcement: Total Destination Marketing Pty Limited v Horizons Snowy Mountains Pty Ltd (formerly known as Ainline Pty Limited) [2011] NSWSC 1349 (4 November 2011) |
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| 24/11/2011 12:15 PM | | |
VENDOR and PURCHASER - rectification - contract for sale of farm contained SC 66 authorising Vendors to occupy part of land sold for 4 years to store and trade in scrap materials - about 6 months after possession, Purchaser denied access - after further demand for access and removal, Purchaser's husband began selling the scrap - issues relating to rectification and whether SC 66 reflected precontract negotiation - illegality and whether vendor's claim for access, removal of goods and damages for detention affected by LEP prohibition on junkyard - vendors succeeded - issues of fact, no question of legal principle |
| Link to announcement: Parshotam Singh & Anor v Baljit Kaur [2011] NSWSC 1412 (18 November 2011) |
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| 22/11/2011 10:36 AM | | |
Corporations – Reinstatement to register – Winding up – Companies deregistered under Corporations Act 2001 (Cth) ("Act") – Federal Court made orders reinstating companies to register pursuant to s 601AH(2) of Act and thereupon winding them up – Companies and former director sought writs of certiorari, to quash winding-up orders made by Federal Court, mandamus and prohibition – Whether Federal Court had jurisdiction to wind up companies – Whether Federal Court wound up deregistered companies – Whether Federal Court ordered that winding up take effect from date when companies reinstated – Whether s 601AH(5) of Act requires that company, when reregistered, come back into existence in same form as on deregistration.
Procedural fairness – Whether companies should have been given opportunity to be heard before winding-up orders made – Discretionary nature of relief sought – Whether there was unfairness as matter of substance – Whether opportunity to be heard could have made difference to outcome.
Words and phrases – "company", "jurisdictional error". |
| Link to announcement: ACN 078 272 867 Pty Limited (In liquidation) (Formerly Advance Finances Pty Limited) v Deputy Commissioner of Taxation; Binetter v Deputy Commissioner of Taxation [2011] HCA 46 (2 November 2011) |
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| 16/11/2011 10:05 AM | | |
CONTRACT – alleged oral agreement to employ the Applicant as CEO of company at a particular net wage –whether the conduct of the parties establishes the terms of the alleged bargain – whether there was an implied agreement to pay a reasonable wage – conduct of the parties did not did not show the alleged bargain
TRADE PRACTICES – misleading or deceptive conduct – statements made did not amount to a representation for the purposes of s 52 of the Trade Practices Act 1974 (Cth) |
| Link to announcement: Hermens v Acacia Group Limited [2011] FCA 1286 (11 November 2011) |
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| 15/11/2011 9:34 AM | | |
APPEAL – plaintiff’s application for summary judgement against defendant – refused by associate judge – hearing de novo – proper interpretation of provisions of unit subscription and put option deed – whether defendant’s defence had no real prospects of success – provisions of deed prescribed a put option procedure - plaintiff called on defendant to buy units in trust – call received by defendant before date of deemed service in deed – according to the procedure, plaintiff sought settlement on basis of deemed service date – whether that date applied when date of actual receipt was earlier – provisions of deed silent on this question – whether or not defendant’s interpretation was fanciful – Civil Procedure Act 2010, s 61, Supreme Court (General Civil Procedure) Rules 2006, r 77.06(1) |
| Link to announcement: APN Funds Management Ltd v Australian Property Investments Strategic Pty Ltd [2011] VSC 555 (28 October 2011) |
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| 15/11/2011 9:33 AM | | |
Precedents – High Court – Statements of principle binding upon intermediate appellate courts and trial courts until reconsidered by High Court.
Contract law – Contractual construction – Whether essential to identify ambiguity in language of contract before court may have regard to surrounding circumstances and object of transaction. |
| Link to announcement: Western Export Services Inc v Jireh International Pty Ltd [2011] HCA 45 (28 October 2011) |
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| 15/11/2011 9:31 AM | | |
JOINT VENTURE – Conduct giving rise to implied agreement of joint venture – Sale of land – Company registered owner of land – Whether company owns land beneficially or holds it on trust – Trial judge found joint venture agreement evolved by drawing inferences from undisputed facts – Whether inferences open to be drawn – Trial judge did not err in drawing inferences – Appeal dismissed
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| Link to announcement: Baker & Ors v Ambridge Investments Pty Ltd (in liq) & Ors [2011] VSCA 334 (4 November 2011) |
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| 14/11/2011 3:59 PM | | |
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| Link to announcement: Sidameneo (No 456) Pty Ltd (formerly Symbion Medical Centre Operations Pty Ltd) v Ward & Anor [2011] VSC 559 (11 November 2011) |
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| 9/11/2011 2:19 PM | | |
The Supreme Court invoked visions of an all-seeing Big Brother and satellites watching us from above. Then things got personal Tuesday when the justices were told police could slap GPS devices on their cars and track their movements, without asking a judge for advance approval. |
| Link to announcement: High court troubled by warrantless GPS tracking |
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| 9/11/2011 11:52 AM | | |
PRACTICE AND PROCEDURE – Appeal lodged by non-party against decision of Associate Justice on application to set aside a statutory demand – Whether non-party a “person affected” for purposes of statutory demand – Meaning of “person affected” – Principles applied – John Alexander’s Clubs Pty Ltd v White City Tennis Club Limited (2010) 241 CLR 1 – Supreme Court (General Civil Procedure) Rules 2005 r 77.06(1)
PRACTICE AND PROCEDURE – Appeal from Associate Justice – Special leave to rely upon evidence not before the Associate Justice – Application to revoke special leave – Whether special leave should be revoked – Supreme Court (General Civil Procedure) Rules 2005 r 77.06(7)(b) |
| Link to announcement: SC Capital Pty Ltd v Primebrokers Securities Limited (in liq); Cablerand Pty Ltd v Primebrokers Securities Pty Ltd (in liq) [2011] VSC 565 (7 November 2011) |
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| 9/11/2011 9:28 AM | | |
CORPORATIONS – External administration under Part 5.3A of the Corporations Act 2001 (Cth) (“the Act”) – application by owners of property to enforce rights to possession of premises during administration of company pursuant to s 440C(b) of the Act– grant of leave not likely to materially effect the achievement of the objects of Part 5.3A of the Act – application granted. |
| Link to announcement: Re Colorado Group Limited [2011] VSC 552 (28 October 2011) |
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| 9/11/2011 9:24 AM | | |
CORPORATIONS – Scheme of Arrangement – Orders convening first meeting – Whether shareholders with partly paid shares and those shareholders holding performance rights constitute separate classes – s 411 Corporations Act 2001 (Cth) |
| Link to announcement: Re Foster's Group Limited (No 2) [2011] VSC 547 (26 October 2011) |
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| 9/11/2011 9:13 AM | | |
CONTRACT – Paintings consigned for auction under written consignment agreement – Agreement purported to incorporate auctioneer’s general conditions of business – General conditions were not attached but had previously been provided to appellant - Whether general conditions incorporated by reference.
CONTRACT – Frustration – Whether order of Family Court requiring appellant to withdraw paintings from sale frustrated consignment agreement – Where agreement specifically provided for situation where seller restrained from consigning paintings.
CONTRACT – Penalty – Whether penalty doctrine applies where alleged penalty triggered in absence of breach of contract – Interstar Wholesale Finance Pty Ltd v Integral Home Loans Pty Ltd [2008] NSWCA 310; (2008) 257 ALR 292.
TRADE PRACTICES – Unconscionable conduct – Paintings consigned for auction by wife – Matrimonial dispute with husband – Husband and wife both legally represented in dispute – Auctioneer knew of legal representation and of disputed ownership of the paintings – Whether auctioneer’s conduct in nevertheless entering into consignment agreement with wife was unconscionable – Trade Practices Act 1974 (Cth) ss 51AB and 51AC. |
| Link to announcement: Ange v First East Auction Holdings Pty Ltd [2011] VSCA 335 (8 November 2011) |
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| 8/11/2011 12:02 PM | | |
THE magistrate hearing committal proceedings against Simon Artz, a former Victoria Police officer accused of leaking information about a planned anti-terror raid to The Australian, has declared his courtroom tweet-free after a journalist used the social network Twitter to report on the hearing. |
| Link to announcement: With court a'Twitter, magistrate bans tweets |
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| 7/11/2011 9:34 AM | | |
CORPORATIONS – External administration under Part 5.3A of the Corporations Act 2001 (Cth) (“the Act”) – application by owners of property to enforce rights to possession of premises during administration of company pursuant to s 440C(b) of the Act– grant of leave not likely to materially effect the achievement of the objects of Part 5.3A of the Act – application granted.
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| Link to announcement: Re Colorado Group Limited [2011] VSC 552 (28 October 2011) |
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| 3/11/2011 10:22 AM | | |
Precedents – High Court – Statements of principle binding upon intermediate appellate courts and trial courts until reconsidered by High Court.
Contract law – Contractual construction – Whether essential to identify ambiguity in language of contract before court may have regard to surrounding circumstances and object of transaction.
Words and phrases – "ambiguity", "binding", "High Court", "precedents". |
| Link to announcement: Western Export Services Inc v Jireh International Pty Ltd [2011] HCA 45 (28 October 2011) |
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| 2/11/2011 10:48 AM | | |
Contract - Option - Nature of option - Whether irrevocable offer or conditional contract - Whether separate contract necessary to amend irrevocable offer |
| Link to announcement: HUGHES -v- ST BARBARA LTD [2011] WASCA 234 (1 November 2011) |
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