PROPERTY – earlier order that plaintiffs may only commence proceedings seeking relief concerning 2006 mortgagee sale with leave – whether leave should be granted – whether leave should be subject to terms that plaintiffs pay all outstanding costs orders and provide security for the costs of proposed proceedings.
Richard Parsons and Madeleine Bridgett appeared for the defendant.
APPEAL - Appeal from costs Review Panel
Richard Parsons appeared for the respondent on the appeal.
DAMAGES – where the defendant in breach of contract in poaching clients during and after employment with plaintiff – whether plaintiff entitled to damages assessed on basis of diminution in value of rent roll – whether clients would have left the plaintiff irrespective of defendant’s breach – assessment on basis of lost commissions.
Richard Parsons appeared for the defendant.
CONTRACT – Agreement – Subject to contract – Whether parties intended to be immediately bound - No written agreement signed as contemplated – Held, no contract.
RESTITUTION – Moneys had and received – Failure of consideration – Change of position defence – Whether inequitable to require recipient to pay.
Richard Parsons appeared for the successful plaintiff.
PRACTICE – summary dismissal – application for leave to appeal – order preventing re-litigation of the same cause of action without leave – whether fresh proceedings within scope of order – no error in decision of primary judge – no explanation for why leave not sought.
LEGISLATION - Real Property Act 1900 (NSW), s 58.
Richard Parsons appeared.
CONTRACT – where defendant employed as property manager in real estate agency – where employment agreement included obligations in respect of confidential information – whether defendant in breach in poaching clients, setting up business in competition and misusing confidential information whilst still employed with plaintiff.
RECTIFICATION – where post-employment restraint in original contract of 6 months and 15 kilometres from office – where new contract included different restraint – 12 months in area not including the relevant office - whether mistake – whether agreement should be rectified.
Richard Parsons appeared.
CIVIL PROCEDURE – possession of land - application to set aside default judgment – whether satisfactory explanation for delay – whether bona fide and arguable defence.
Richard Parsons represented the Second Defendant.
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.
CONTRACT – option agreement – rectification – whether contract gave effect to common intention.
EVIDENCE – appeal against credit findings – where adverse credit findings alleged to be inconsistent with objective commercial circumstances.
J Cummins Pty Ltd v F & D Bonaccorso [2015] NSWCA 200
Liability limited by a scheme approved under Professional Standards Legislation.