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Wu v Li [2015] FCAFC 109

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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.

Scotto v Scala Bros Pty Ltd & Anor (No.2) [2015] FCCA 2167

INDUSTRIAL LAW – Underpayments of employees over three legislative regimes, the Workplace Relations Act 1996, the Fair Work Act 2009 (“FW Act”) and the FW Act bridging period from 1 July 2009 to 31 December 2009 – pecuniary penalties – relevant considerations – appropriate approach to quantification of penalty when there is a course of conduct over three legislative regimes – grouping principle.

Scotto v Scala Bros Pty Ltd & Anor (No.2) [2015] FCCA 2167 (13 August 2015)

Trajkovski v Asiapac Securities Pte Ltd [2015] NSWSC 1432

CIVIL PROCEDURE – validity of credit agreement – application to file amended summons – security for costs – threshold issue – relevant considerations under UCPR 42.21(1A) – whether company incorporated in Singapore should be ordered to give security for costs.

LFDB v SM [2015] FCA 725

PRACTICE AND PROCEDURE – applications to set aside registration of freezing orders made by the High Court of New Zealand – whether enforcement of judgments would be contrary to public policy in Australia – whether freezing orders are “registrable NZ judgments” – whether freezing orders are “final and conclusive” judgments – whether freezing orders are orders that, if contravened, would make the first applicant liable to conviction for an offence – whether orders were made in proceedings in rem the subject matter of which was movable property not situated in New Zealand – Trans-Tasman Proceedings Act 2010 (Cth), s 72.

LFDB v SM [2015] FCA 725 (20 July 2015)

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NHPT and Members of the Companies Auditors and Liquidators Disciplinary Board and Australian Securities & Investments Commission [2015] AATA 445

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PRACTICE AND PROCEDURE – application under s 43AA – "slip rule" – whether inconsistency or obvious error – date of effect of suspension of applicant’s registration as an auditor – effect of stay – inconsistency between intention of reasons and decision – application granted Administrative Appeals Tribunal Act 1975 (Cth) s 43AA.

Tim Castle appeared for the applicant.

Lambert Leasing Inc. v QBE Insurance Ltd [2015] NSWSC 750

CONTRACTS – contracts of employment – misleading or deceptive conduct – ss 52 and 53B of Trade Practices Act 1974 (Cth) – retention incentive scheme – whether employer disclosed true nature of scheme to employees – whether alleged non-disclosure of scheme amounted to deceit or negligence on part of employer – whether employee enjoyed contractual rights to bonus or incentive – relevance of discretion to award bonus or incentive – whether implied term that such discretion cannot be exercised capriciously, arbitrarily or unreasonably – whether withholding of incentives from employees a discretion so exercised – whether implied term of mutual trust and confidence – application of Commonwealth Bank of Australia v Barker[2014] HCA 32; (2014) 88 ALJR 84 – whether scheme induced employees not to seek alternative employment – whether incentives available to employees upon retrenchment.

CONTRACTS – contracts of employment – seconded employees – application and interpretation of secondment policy – whether seconded employees in temporary or permanent position.

CONTRACTS – contracts of employment – termination – whether reasonable notice given – meaning of “reasonable notice” – whether change in employee duties over time effects contractual variation of notice provisions – application of Quinn v Jack Chia (1991) 1 VR 567.

CONTRACTS – contracts of employment – wrongful dismissal claims – whether employer redundancy policy forms part of terms and conditions of contract of employment – construction and interpretation of redundancy policy – whether application of policy varies over time – whether employee secondment affects application of redundancy policy – whether payment in lieu of notice acceptable.

DAMAGES – measure of damages – breach of contract of employment – damages in respect of contractual bonuses – quantification of the value of a lost opportunity.

TORTS – negligence – whether representatives of employer owed duty of care to employees – whether employer acted with reasonable care – quantification of loss on the part of employee.

Juvesconi Investments Pty Limited v Sanasi [2015] NSWSC 611

REAL PROPERTY – caveats – removal of caveats – caveator claims interest of a purchaser under enforceable agreement – whether caveator would succeed in obtaining interlocutory injunction to protect claimed interest – caveats ordered to be removed – Real Property Act 1900 (NSW) s 74MA.

Russo v Westpac Banking Corporation [2015] FCCA 1086

EMPLOYMENT LAW – Application by former employee of respondent seeking payment of ex gratia bonus payments following employee’s retrenchment – whether respondent employer obliged to not act capriciously, arbitrarily or unreasonably when assessing employee’s performance – whether capricious, arbitrary or unreasonable actions of employer can be remedied by Court when employer maintains absolute discretion in respect of such decisions – whether employer breached Australian Consumer Law in relation to its conduct when deciding whether to award retrenched employee ex gratiabonus payment – application allowed.

Russo v Westpac Banking Corporation [2015] FCCA 1086 (12 May 2015)

 

United Voice v Valspar (WPC) Pty Ltd [2015] FCCA 1139

INDUSTRIAL LAW – Contravention of section 50 of Fair Work Act by an employer – alleged contravention concerns breach of enterprise agreement in respect of compulsory taking annual leave in the form of single days and periods less than a week in duration – alleged contravention also concerns whether settlement procedures arising under the agreement are properly invoked – original decision of this court subject to appeal – application of judgment of the Full Court – matters to be considered.

United Voice v Valspar (WPC) Pty Ltd [2015] FCCA 1139       

Liability limited by a scheme approved under Professional Standards Legislation.