IP v CHIANG

PRACTICE AND PROCEDURE - Application to vary orders to permit sale of property to fund legal representation in proceedings - whether party may be heard on application where prima facie in contempt - whether “rule” discretionary - principles of Young V Jackman; Hadkinson v Hadkinson - Civil Procedure act 2005 (NSW), ss 55-64.

Kirralee Young represented the Plaintiff.

Reasons for the decision can be found here.

Gennacker Pty Ltd trading as Homestead Holiday Park v Fontainas [2019] NSWSC 1376

CIVIL PROCEDURE – jurisdiction of Supreme Court to hear appeal from decision of single member of NCAT – whether Supreme Court should decline to exercise jurisdiction when no right of appeal pursued at NCAT first – right of internal appeal at NCAT available – Court declines to exercise jurisdiction to hear appeal.

Michelle McMahon represented the defendant.

Reasons for the decision can be found here.


Nursing and Midwifery Board of Australia v Linquist [2019] NSWSC 978

ADMINISTRATIVE LAW – appeal from Civil and Administrative Tribunal – whether decision made by validly constituted tribunal – four-member tribunal was constituted for the purposes of the hearing – whether principal member could separately and simultaneously constitute herself as the tribunal to decide legal questions – single member of a multi-person tribunal which has already been constituted not authorised to constitute himself or herself as the tribunal on unstated informal basis or to make a decision unilaterally without recourse to the balance of the tribunal – decision void

COSTS – whether successful plaintiff ought pay defendant’s costs of proceedings – defendant invited to file submitting appearance – defendant not neutral contradictor – costs follow the event

COSTS – suitors’ fund – application for suitors’ fund certificate – appropriate to grant certificate where defendant did not contribute to error made by tribunal

Kirralee Young represented the plaintiff.

The reasons for the decision can be found here.

Carvajal v Lamba [2019] NSWDC 284

TRAFFIC LAW AND TRANSPORT – motor accident legislation – liability – plaintiff injured as a result of motor vehicle accident – whether plaintiff’s or defendant’s version of events is accepted

TORTS – negligence – damages – non-economic loss – out-of-pocket expenses – economic loss – gratuitous care – Motor Accidents Compensation Act 1999

EVIDENCE – credibility – plaintiff and defendant

Dr Juliet Lucy represented the Defendant.

Reasons for the decision can be found here.

MASSON AND PARSONS & ORS [2019] HCA 21

Constitutional law (Cth) – Courts – Federal courts – Federal jurisdiction – Matter arising under Commonwealth law – Where Commonwealth law provides rules in respect of parentage of children born of artificial conception procedures – Where State law provides irrebuttable presumption that biological father of child conceived by fertilisation procedure is not father in specified circumstances – Whether s 79(1) of Judiciary Act 1903 (Cth) operates to pick up and apply text of State law as Commonwealth law – Whether State law regulates exercise of jurisdiction – Whether Commonwealth law has "otherwise provided" within meaning of s 79(1) of Judiciary Act – Whether tests for contrariety under s 79(1) of Judiciary Act and s 109 of Constitution identical – Whether State law applies of its own force in federal jurisdiction.

Family law – Parenting orders – Meaning of "parent" – Where Family Law Act 1975 (Cth) presumes best interests of child served by shared parental responsibility – Where s 60H of Family Law Act provides rules in respect of parentage of children born of artificial conception procedures – Where appellant provided semen to first respondent to conceive child with belief that he was fathering child – Where appellant had ongoing role in child's financial support, health, education and general welfare and enjoyed extremely close and secure attachment relationship with child – Where first respondent later in de facto relationship with second respondent – Where appellant found to be "parent" within ordinary meaning of word but not under s60H – Whether s60H exhaustive of persons who may qualify as "parent" of child born of artificial conception procedure – Whether "parent" used in Family Law Act according to ordinary meaning except as otherwise provided – Whether appellant is "parent" within ordinary meaning – Whether ordinary meaning of "parent" excludes "sperm donor" – Whether appellant is "sperm donor".

Constitution, s 109.
Family Law Act 1975 (Cth), ss 4, 60B, 60EA, 60G, 60H, 61D, 61DA. Judiciary Act 1903 (Cth), s 79(1).
Status of Children Act 1996 (NSW), Pt 3 Div 1.

Michelle McMahon, Dr James Stellios led by Brett Walker SC represented the first and second respondents.

Reasons for the decisions can be found here.

IAG Limited t/as NRMA Insurance v Jammal [2019] NSWSC 676

ADMINISTRATIVE LAW – judicial review – decision under the Motor Accident Compensation Act 1999 – SIRA proper officer refused application for further assessment of a medical dispute – whether proper officer’s decision affected by error of law on the face of the record or jurisdictional error – failure to address substantial, clearly articulated argument – error established – decision set aside and matter remitted for redetermination according to law

Mark Robinson SC and Dr Juliet Lucy represented the Plaintiff.

Reasons for the decision can be found here.

In the matter of Garfox 86 Pty Limited [2019] NSWSC 442 (18 April 2019)

CORPORATIONS — Dissolution — Reinstatement — Where company twice deregistered administratively for non-payment of fees — Company holds real property — Company solvent — Corporations Act 2001 (Cth) s 601AH(3)(d) — Scope of Court’s power — Orders made for re-organisation of shareholding and officeholding to reflect parties’ dealings.

K J Young represented the Plaintiff.

Reasons for the decision can be found here.

AAI Limited v Feng [2019] NSWSC 535

STATUTORY INTERPRETATION – definition – whether “fault” is synonymous with liability or means, in the context of the tort of negligence, breach of duty – whether fault includes causation 
  
ADMINISTRATIVE LAW – judicial review – application for mandatory and discretionary exemption from CARS assessment – no reasons required when discretionary exemption refused – reasons of claims assessor to be read fairly as a whole – no error established

Mark Robinson SC and Dr Juliet Lucy represented the First Defendant.

Reasons for the decision can be found here.

Ample Source International Limited v Bonython Metals Group Pty Limited (in liquidation), in the matter of Bonython Metals Group Pty Limited (in liquidation) (No 10) [2019] FCA 533

BANKRUPTCY AND INSOLVENCY – where liquidator seeks order to pay distributions into Court pursuant to r 18.03(1)(b) of the Federal Court Rules 2011 – whether there are competing claims concerning distributions per r 18.01(b)(ii) of the Rules – where liquidator claims no interest in property – interpleader relief granted by way of payment of distributions into Court 

Dr Christos Mantziaris represented the Plaintiff.

Reasons for the decision can be found here.

IAG Limited t/as NRMA Insurance v Qianxia Lou [2019] NSWSC 382

ADMINISTRATIVE LAW - Judicial Review - first defendant sought damages for injuries sustained in a motor vehicle accident – application by plaintiff that the claim be exempt from informal assessment process on the grounds that first defendant made false and misleading statements – question of error of law or jurisdictional error on the part of the Assessor - whether Assessor asked the correct question - errors established - matter remitted for determination according to law

Mark Robinson SC and Dr Juliet Lucy represented the Plaintiff.

Reasons for the decision can be found here.

IAG Limited t/a NRMA Insurance v Khaled & ors [2019] NSWSC 320

Administrative Law – Judicial Review – Where first defendant sought damages for injuries sustained in a motor vehicle accident – Where plaintiff sought that the claim be exempt from informal assessment process on the grounds that it was not suitable for assessment in that way due to the plaintiff’s false and misleading statements – Whether there was error of law or jurisdictional error on the part of the Assessor – Whether the Assessor asked the correct question – Whether the Assessor’s reasons were adequate – Errors established – Matter remitted for determination according to law 
  
Practice and procedure – Costs – Where first defendant filed an appearance submitting to all orders of the Court – Where plaintiff succeeded in obtaining the relief sought – No reason for the plaintiff not to be awarded costs in its favour 

Mark Robinson SC and Dr Juliet Lucy represented the Plaintiff.

Reasons for the decision can be found here.

Ample Source International Limited v Bonython Metals Group Pty Limited (in liquidation), in the matter of Bonython Metals Group Pty Limited (in liquidation) (No 9) [2019] FCA 287

BANKRUPTCY AND INSOLVENCY - application for judicial advice as to conduct of liquidation - where liquidator seeks order pursuant to s 488(2) Corporations Act 2001 (Cth) to distribute surplus - whether to grant special leave - leave granted.

Dr Christos Mantziaris represented the Plaintiff.

Reasons for the decision can be found here.