Wednesday, 14 October 2020

Daily BankingA Daily Bulletin listing Decisions

of Superior Courts of Australia

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Executive Summary (1 minute read)

Hafertepen v Network Ten Pty Limited (FCA) - defamation - applicant sought originalproceeding's reinstatement and settlement agreement' specific performance - orders to bemade substantially in accordance with those sought by applicant

Rasley (Singapore) Pte Ltd v Financial & Energy Exchange Ltd (FCA) - corporations -discovery - plaintiff sought to inspect categories of defendant's documents - application grantedin part

Shelley v Prager (NSWSC) - wills and estates - succession - plaintiff adult daughter ofdeceased sought further provision from deceased father's estate - application dismissed

HDI-Global SE v Zurich Australian Insurance Limited (NSWSC) - discovery - insurance -plaintiff sought discovery of documents from defendant - application granted in part

McLeod & Anor v Alokaily (QSC) - corporations - liquidators sought declarations thatpayments made by company to its respondent director were 'voidable transactions' and thatrespondent pay the money to company - orders granted

Tomaszewski v Hobart City Council (TASSC) - environment and planning - Council'sdelegate granted planning permit in respect of 'revised proposal' - appeal dismissed

Summaries With Link (Five Minute Read)

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Hafertepen v Network Ten Pty Limited [2020] FCA 1456Federal Court of AustraliaKatzmann JDefamation - applicant, by interlocutory application, sought original proceeding's reinstatementand settlement agreement's specific performance - whether Court had jurisdiction 'to entertain'specific performance application - whether 'original matter' could be reinstated to enforcesettlement agreement - whether specific performance available - construction of settlementagreement - determination of orders - held: orders to be made substantially in accordance withthose sought by applicant.Hafertepan

Rasley (Singapore) Pte Ltd v Financial & Energy Exchange Ltd [2020] FCA 1462Federal Court of AustraliaJackson JCorporations - plaintiff sought to inspect documents of defendant for purpose of investigating itsconcerns concerning 'share issues' made by defendant, leases between defendant and 'relatedparty' and 'other related party transactions' - whether 'good faith' and 'proper purpose' - whether'case for investigation' - consideration of categories of documents - s247A Corporations Act2001 (Cth) - held: application granted in part.Rasley

Shelley v Prager [2020] NSWSC 1393Supreme Court of New South WalesWilliams JWills and estates - succession - family provision - plaintiff was adult daughter of deceased -plaintiff sought further provision from deceased father's estate - whether deceased's will did notmake adequate provision for 'proper maintenance, education or advancement in life' of plaintiff Page v Hull-Moody [2020] NSWSC 411 - Harris v Carter [2020] NSWSC 196 - Ch 3 SuccessionAct 2006 (NSW) - held: application dismissed.View Decision

HDI-Global SE v Zurich Australian Insurance Limited [2020] NSWSC 1384Supreme Court of New South WalesBall JDiscovery - insurance - plaintiff, by notice of motion, sought discovery of documents fromdefendant 'in advance of evidence' - 'The Umbrella Liability Policy' - 'underwriting file' -documents evidencing its 'payment of legal costs' concerning defence - Supreme Court PracticeNote SC Eq 11 – Disclosure in the Equity Division - whether "exceptional"circumstances - whether disclosure - 'necessary for the resolution of the real issues in dispute' - Leighton International v Hodges; Thiess v Reinforced Earth [2012] NSWSC 458 - NaimanClarke Pty Limited atf Naiman Clarke Trust v Marianna Tuccia [2012] NSWSC 314 - held:application granted in part.

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View Decision

McLeod & Anor v Alokaily [2020] QSC 308Supreme Court of QueenslandBowskill JCorporations - liquidators sought declarations that payments made by company to itsrespondent director were 'voidable transactions' due to being “unreasonable director-relatedtransactions” under s588FDA(1) Corporations Act 2001 (Cth) (Corporations Act) and order thatrespondent pay the money to company under s588FF(1) Corporations Act - applicantsalternatively contended payments by company to respondent were “uncommercialtransactions” under s588FB Corporations Act - held: unreasonable director-related transactionsestablished - respondent to pay money to company - respondent to pay to company amountsubject of 'unsecured director's loan' - orders granted.McLeod

Tomaszewski v Hobart City Council [2020] TASSC 48Supreme Court of TasmaniaBlow CJEnvironment and planning - Council's delegate granted planning permit in respect of 'revisedproposal' - appellants contended granting of permit prohibited on basis 'IPD 2' 'did not apply tothe revised proposal because it constituted a new s 57 application' - Tribunal dismissed appeal -ss51(3A), 57(3) & 57(4) Land Use Planning and Approvals Act 1993 (Tas) - held: appealdismissed.Tomaszewski

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