Worth v HDI Global Specialty SE [2021] NSWCA 185

INSURANCE – where appellant’s house destroyed in a fire – where house used to operate a business – where house and business insured by respondent – where respondent granted conditional indemnity under deed of release – where respondent then denied liability on basis fire deliberately lit by insured – whether primary judge erred in finding appellant deliberately started fire
 
INSURANCE – measure of indemnity – where lack of reasonable despatch in rectifying property – whether indemnity for property damage payable on reinstatement basis
 
INSURANCE – damages – whether damages available for consequential loss arising from insurer’s breach of promise to indemnify – whether damages available for inconvenience and distress caused by breach

Tim Castle SC appeared for the Appellant.

Reasons for the decision can be found here.

Alexakis v Wan [2021] NSWCA 172

CONTRACT – 2018 edition Law Society of New South Wales standard form contract for sale of land – construction – where additional clause 38 provided for payment of deposit in two instalments – where clause 2.3 made time for payment of second instalment “essential” – where deadline for payment not a business day – whether time for payment extended to next business day by clause 21.5 – whether exception to application of clause 21.5 “in the case of clauses 2 and 3.2” engaged.

David Rayment and Andrew Smorchevsky represented the Respondents.

Reasons for the decision can be found here.

WORKPAC PTY LTD v ROSSATO [2021] HCA 23

Industrial law (Cth) – Contract of employment – Nature of casual employment – Where first respondent employed by appellant labour-hire company under series of six employment contracts or "assignments" – Where first respondent treated as casual employee – Where first respondent not paid entitlements owed by employers to non-casual employees – Where first respondent claimed to have been other than a casual employee – Where first respondent's work pattern followed established shift structure fixed long in advance by roster – Where employment contract provided that employment was on "assignment-by-assignment basis" – Where employment contract provided that appellant under no obligation to offer first respondent further assignments – Whether there existed firm advance commitment as to duration of first respondent's employment or days (or hours) first respondent will work – Whether first respondent employed as casual employee.

Brett Walker SC, Ian Neil SC, David Chin SC and Christopher Parkin represented the appellant.

Reasons for the decision can be found here.

Jabbcorp (NSW) Pty Ltd v Strathfield Golf Club [2021] NSWCA 154

CONTRACT – construction – design and construct contract – contractor claimed additional payment for works required pursuant to development consent – whether works were “Excluded Works” – significance of definition commencing “Notwithstanding any other clause” – significance of grammatical meaning of clause – clause required to be read as a whole, harmoniously with other provisions in contract.

David Rayment and Andrew Smorchevsky represented the Respondent.

Reasons for the decision can be found here.

Ip v Chiang [2021] NSWSC 822

EQUITY — Unconscionable conduct — Special disability or disadvantage — Other party’s knowledge — Mental incapacity — First defendant entered into transactions and property dealings with deceased in circumstances where deceased lacked capacity — Estate entitled to recover property acquired by first defendant as a constructive trustee.

FAMILY LAW — Marriage — Void marriage — Consent — First defendant purportedly married deceased in circumstances where deceased was incapable of understanding the nature and effect of marriage ceremony.

Ms KJ Young represented the Plaintiff.

Reasons for the decision can be found here.

Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 110

ARBITRATION – international arbitration – enforcement of award – where supervisory court appointed the arbitral tribunal – whether composition of the arbitral tribunal was in accordance with the agreement of the parties – comity – whether enforcing court should accept that the appointment of the tribunal by the supervisory court was in accordance with the agreement of the parties

ARBITRATION – international arbitration – enforcement of award – nature of the burden of proving a ground for non-enforcement – whether discretion to enforce award should nevertheless be exercised – nature of the discretion

PRACTICE AND PROCEDURE – settlement – where parties settled “in principle” – where judgment was complete subject to administrative matters prior to settlement – whether Court can hand down judgment notwithstanding settlement “in principle” – Court has a discretion to hand down judgment where it is in the public interest to do so

Tim Castle SC appeared for the Respondent.

Reasons for the decision can be found here.

Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 110

ARBITRATION – international arbitration – enforcement of award – where supervisory court appointed the arbitral tribunal – whether composition of the arbitral tribunal was in accordance with the agreement of the parties – comity – whether enforcing court should accept that the appointment of the tribunal by the supervisory court was in accordance with the agreement of the parties

ARBITRATION – international arbitration – enforcement of award – nature of the burden of proving a ground for non-enforcement – whether discretion to enforce award should nevertheless be exercised – nature of the discretion

PRACTICE AND PROCEDURE – settlement – where parties settled “in principle” – where judgment was complete subject to administrative matters prior to settlement – whether Court can hand down judgment notwithstanding settlement “in principle” – Court has a discretion to hand down judgment where it is in the public interest to do so

Tim Castle SC appeared for the Respondent.

Reasons for the decision can be found here.

Unified Security Group (Australia) Pty Ltd v Commissioner of Police (No 2) [2021] NSWCATAD 115

INTERLOCUTORY ORDER – revocation of security licence – application for stay 

Dr Christos Mantziaris represented the Respondent.

Reasons for the decision can be found here.

Trentelman v The Owners – Strata Plan No 76700 [2021] NSWCA 62

PRACTICE – stay of execution pending appeal – appropriateness of interlocutory relief – appeal concedely reasonably arguable – whether appellant had established significantly greater prospect of success – balance of convenience – application for stay pending appeal refused

Elisabeth Peden SC and Jennifer Mee represented the Respondent.

Reasons for this decision can be found here.

Alexakis v Wan [2021] NSWSC 367

LAND LAW – contracts for the sale of land – deposit payable in two instalments – second instalment payable “on the 4th month after the contract date” – contract dated 4 April 2019 – whether second instalment required to be paid by 4 August 2019, or by 31 August 2019 – held that payment was required by 4 August 2019 – vendors held to be entitled to terminate contract on 5 August 2019 – Conveyancing Act 1919 (NSW) s 181(1)(d) definition of “month” as “calendar month” – Interpretation Act 1987 (NSW) s 21 definition of “calendar month”.

EQUITY – equitable remedies – relief in respect of exercise of legal rights – exercise of right to terminate contract for sale of land – breach giving rise to right of termination brought about by purchaser’s mistake – mistake not caused or contributed to by conduct of vendors – serious breach in failing to pay part of deposit within time agreed to be essential – no substantial loss or prejudice to vendors if contract ordered to be performed – not unconscientious of vendors to rely upon their termination – equitable relief declined – forfeiture of deposit of 5% of the price not unjust or inequitable in the circumstances – no order made for return of deposit under s 55(2A) of Conveyancing Act 1919 (NSW).

David Rayment represented the Defendants in the matter.

Reasons for the decision can be found here.

Savannah Bennie v Sunnyhaven Disability Services Ltd [2021] FWC 1789

UNFAIR DISMISSAL - Whether the Applicant’s dismissal was ‘harsh, unjust or unreasonable’ and therefore an unfair dismissal - Under Fair Work Act 2009 - Misconduct of employee established, application dismissed.

Michael Whitbread appeared for the Respondent.

Reasons for the decision can be found here.

Broken Hill Town Employees’ Union v Health Secretary (Temporary Employment in Broken Hill Health Service) [2021] NSWIRComm 1025

EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – whether industrial agreement between the parties is to be taken as regulating temporary employment – whether, if not, a separate industrial instrument applies to the parties.

Michael Whitbread acted for the Respondent.

Reasons for the decision can be found here.

Application by Health Secretary for Broken Hill Health Employees’ (State) Award [2021] NSWIRComm 1000

EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Approval and creation – application for a new award – award would have the effect of displacing the exclusion of the County of Yancowinna from 29 other awards of the Commission – legal principles to apply – application of Wage Fixing Principles – question of onus – whether onus discharged by identification of another award of the Commission which would, but for its coverage terms, apply to the employees – whether the County of Yancowinna exclusion in an award is a “condition of employment” – whether the County of Yancowinna exclusion in those awards ought to be overridden – determination of terms and conditions of new award – terms to be derived in part from other awards.

Michael Whitbread and Michael Seck acted for the Respondent.

Reasons for the decision can be found here.

Dumas v Industrial Relations Secretary (on behalf of Department of Communities and Justice) [2019] NSWIRComm 1071

APPEAL - application for leave to appeal – whether exercise of discretion disclosed error – meaning of “impracticable” – grounds in support of leave to appeal not made out – leave to appeal refused.

Michael Whitbread and Michael Seck represented the Respondent. 

Reasons for the decision can be found here.

Commissioner of Police v EMB [2021] NSWCATAP 63

 APPEAL – administrative review – firearms licence – child sexual assault charges withdrawn – finding that conduct occurred – whether applicant fit and proper person– public interest.

Dr Christos Mantziaris represented the Appellant.

Reasons for the decision can be found here.

Tukel v Commissioner of Police, NSW Police Force [2021] NSWCATAD 60

ADMINISTRATIVE REVIEW – Firearms – Firearms prohibition order – Where applicant found to be not fit, in the public interest, to have possession of a firearm – Non-disclosure orders – Where non-disclosure orders made which prohibited disclosure of some evidence to applicant.

 Dr. Christos Mantziaris represented the Applicant.

Reasons for the decision can be found here.

Cappello & Anor v Scrivener & Anor (No 2) [2021] NSWSC 168

JUDGMENTS AND ORDERS – what orders should be made to reflect reasons in primary judgment – whether first defendant as well as second defendant liable to pay equitable compensation – quantum of equitable compensation

PRACTICE AND PROCEDURE – application by defendants for leave to re-open to tender documents produced on subpoena – where documents relevant to quantum – small number of documents – whether explanation offered by defendants adequate – whether exceptional circumstances shown – whether justice of case requires that leave be granted

David Pritchard SC and David Rayment represented the Plaintiffs.

Reasons for the decision can be found here.

Trentelman v The Owners - Strata Plan 76700; The Owners - Strata Plan 76700 v Trentelman [2021] NSWSC 155

CONTRACT – formation and validity – proposal by owner of development lots to convert lots into non-strata blocks and build townhouses of specified height – cooperation of strata corporation required – development lot owner promised proposal would result in continuing access for strata owners to swimming pool on her land – resolution passed at general meeting – no contractual effect

ESTOPPEL – proprietary estoppel – encouragement – detrimental reliance – whether lot owner’s promise made to strata corporation – whether reliance by corporation – corporation entitled to easement over pool land

EQUITY – rectification – mistake – strata plan of subdivision included notation that pool structures formed part of common property – notation failed to include three-dimensional space around pool structures – inclusion of notation deliberate and mistake established but intended form of plan could not be determined – rectification refused

Elisabeth Peden and Jennifer Mee represented the First Defendant and Plaintiff respectively in proceedings.

Reasons for this decision can be found here.

In the matter of Matrix Global Investment Group Sydney Pty Ltd (ACN 614 718 399) [2021] NSWSC 80

CORPORATIONS – winding up – application by minority shareholders to wind up a company under s 461(1)(k) of the Corporations Act 2001 (Cth) – majority shareholder caused whole of company’s funds to be transferred to accounts controlled by him – non-compliance with subsequent order requiring company’s funds to be paid into court – no issue of principle

Jennifer Mee represented the Applicants.

Reasons for the decision can be found here.

Mudgee Dolomite & Lime Pty Ltd v Robert Francis Murdoch; In the matter of Mudgee Dolomite & Lime Pty Ltd [2020] NSWSC 1675

COSTS - Basis of quantification - Four separate proceedings heard together - Overlapping parties where Plaintiffs in certain proceedings were Defendants in others - Parties successful on certain claims and unsuccessful in others - Whether appropriate for no order as to costs across all proceedings - Where successful and unsuccessful claims within a proceeding.

John Kelly SC, Howard Insall SC, and Dr. Christos Mantziaris represented Robert Murdoch interests.

The reasons for the decision can be found here.