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       

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

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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).

 

Hill and Members of the Companies Auditors and Liquidators Disciplinary Board and Australian Securities & Investments Commission [2015] AATA 245

CORPORATIONS LAW – auditor’s registration – suspension of registration as an auditor – imposition of conditions on future conduct and professional training –previous conditions imposed by ASIC – whether applicant failed to comply with these conditions – whether applicant failed to perform adequately and properly the duties of an auditor – appropriate remedy – decision affirmed.

Corporations Act 2001 (Cth) ss 324DA, 324DB, 1292(1), 1292(9).

Allen & Ors v TriCare (Hastings) Pty Ltd & Anor [2015] NSWSC 416

JUDICIAL REVIEW – decision of NSW Civil and Administrative Tribunal – Residential Parks Act 1985 –application to terminate residential site agreements – necessity for Tribunal to be satisfied that compensation for cost of relocating dwelling to new location has been determined under s 128 – relocation not possible – Tribunal erred in concluding that order for termination could be made where no relocation was to occur – whether Tribunal approach to s 113(3A)(b) correct – s 113(3A)(b) does not require agreement with resident – Tribunal can assess value of dwelling under s 130A in application under s 113A – discretion to refuse relief where internal appeal available – whether explanation for not pursuing appeal adequate – discretion not exercised – relief granted.

Allen & Ors v TriCare (Hastings) Pty Ltd & Anor [2015] NSWSC 416 (17 April 2015)

Liability limited by a scheme approved under Professional Standards Legislation.