Wu v Li [2015] FCAFC 109

CONTRACTS – appeal from decision of a single judge of the Federal Court of Australia – construction of contract – shareholder agreements – claim by respondent of entitlement under indemnity provisions – meaning of “member loan” in indemnity provisions – whether primary judge erred in quantification of respondent’s entitlement – where respondent alleged misleading and deceptive conduct by appellant – whether primary judge erred in holding that respondent had not proved his loss – where respondent alleged breach of contract by appellant – whether primary judge erred in finding no contravention of shareholder agreements.

EVIDENCE – when statement in an agreement or contractual document will constitute admissible evidence of an admission.

COSTS – where respondent succeeded on one claim but not others – whether the primary judge erred in ordering appellant to pay respondent’s costs.

Dr Chris Ward appeared for the appellants.

Akkari v Sartor [2015] NSWCATAP 79

APPEAL - appeal against orders of the Consumer and Commercial Division of the Civil and Administrative Tribunal - home building - rectification order against weight of the evidence - failure to state reasons - appeal allowed - matter remitted for rehearing.

Akkari v Sartor [2015] NSWCATAP 79 (7 May 2015)

Essential Energy v Australian Municipal, Administrative, Clerical and Services Union and others [2015] FWCFB 1981

INDUSTRIAL LAW - Appeal - interpretation of the coverage provisions in two enterprise agreements.

CAC v The Secretary, Department of Family and Community Services [2015] NSWCA 105

APPEAL – application for leave to appeal – parens patriae jurisdiction of Supreme Court unsuccessfully invoked – earlier interim care order made by Children’s Court – no available statutory appeal from that order –change in circumstances since application for leave filed – final findings made by Children’s Court as to need for protection – no utility in allowing leave to appeal.

CHILD WELFARE – interim care order by Children’s Court – parens patriae jurisdiction of Supreme Court invoked – whether Children’s Court proper forum to determine best interests of children.

Children and Young Persons (Care and Protection) Act 1998(NSW), ss 9(1), 43(1), 45, 71, 72, 247.
Civil Procedure Act 2005 (NSW), ss 56, 71.
Court Suppression & Non-publication Orders Act 2010 (NSW), s 7.
Supreme Court Act 1970 (NSW), ss 69, 101.

CAC v The Secretary, Department of Family and Community Services [2015] NSWCA 105 (24 April 2015).

Pandeli v Hou [2015] NSWCATAP 58

APPEAL - questions of law - breach of warranty under Home Building Act,1989 (NSW) - whether evidence discharged burden to prove breach of statutory warranties.

CONTRACT - terms of contract between the parties - work to be done - objective assessment of contractual terms - work done by contractor - warranty to undertake work in proper and workmanlike manner.

EVIDENCE - no adequate evidence as to quantum of appellants’ loss - remittal for determination on proper evidence.

Dover v Lewkovitz [2013] NSWCA 452

PERSONAL PROPERTY - assignment of bare right to damages constituted by rights arising under or out of a lease - assignee a beneficiary under a discretionary trust which indirectly owned shares in assignor company - whether assignee had a "genuine commercial interest" in the rights - Trendex Trading Corporation v Credit Suisse [1982] AC 679 - whether necessary for the existence of a relevant genuine commercial interest that the assignee has a pre-existing legal right against the assignor.