Monday, 28 September 2020

Daily Civil LawA Daily Bulletin listing Decisions

of Superior Courts of Australia

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Executive Summary (1 minute read)

Blakeley, in the matter of Akron Roads Pty Ltd (in liq) (FCA) - corporations - liquidatorssought direction they were justified to regard bank 'as subrogated to' employee creditors''priority rights' concerning 'priority debts' - orders granted (B)

GetSwift Limited, in the matter of GetSwift Limited (FCA) - corporations - scheme ofarrangement - interlocutory application - plaintiff sought orders including for 'proposed schememeeting to be conducted as a virtual meeting' - orders granted (I B C G)

Mohareb v Harbour Radio Pty Ltd (NSWCA) - security for costs - defamation - primary judgemade orders requiring applicany to pay amount of security for costs into court - leave to appealrefused (I B C G)

RGA Reinsurance Company of Australia Ltd v Westpac Life Insurance ServicesLtd (NSWSC) - discovery - preliminary discovery - insurance - plaintiff sought discovery orpreliminary discovery from defendant - summons dismissed (I B)

Long Forest Estate Pty Ltd v Singh & Anor (VSC) - contract - real property - defendantsbreached contract by failure to settle - contract validly terminated - deposit forfeited - caveat notlodged 'without reasonable cause' - claim for compensation dismissed (I B C G)

The Queen v The Herald & Weekly Times Pty Ltd & Ors (VSC) - contempt - discovery -pleadings - proceedings concerning provision of discovery by parties and adequacy of

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respondents' pleading - orders made (I B C G)

Australian Leisure and Hospitality Group Pty Ltd v Commissioner of Police (WASCA) -liquor law - Court allowed respondent's appeal against Commission's grant of 'leave to alter andredefine existing licensed premises' - appellant appealed - appeal dismissed (I B)

Summaries With Link (Five Minute Read)

Blakeley, in the matter of Akron Roads Pty Ltd (in liq) [2020] FCA 1378Federal Court of AustraliaAnderson JCorporations - liquidators of company (Akron) paid 'priority debts ' concerning Akron's'employee creditors' from proceeds of assets' realisation subject to floating changed which bank(ANZ) held - liquidators, pursuant to s90-15 Insolvency Practice Schedule, sought direction theywere justified to regard ANZ 'as subrogated to' employee creditors' 'priority rights' concerningthe priority debts under s556 Corporations Act 2001 (Cth) - 'equitable right of subrogation' -held: orders granted as sought.Blakelely (B)

GetSwift Limited, in the matter of GetSwift Limited [2020] FCA 1382Federal Court of AustraliaYates JCorporations - scheme of arrangement - interlocutory application - plaintiff sought ordersincluding orders for 'proposed scheme meeting to be conducted as a virtual meeting' - ordersmade in advance of Court's decision whether scheme meeting should be convened - Corporations Act 2001 (Cth) - Corporations (Coronavirus Economic Response) Determination(No 1) 2020 (Cth) - Public Health Act 2010 (NSW) - Public Health (COVID-19 Restrictions onGathering and Movement) Order (No 4) 2020 - Public Health (COVID-19 Border Control) Order2020 (NSW) - held: orders granted.GetSwift (I B C G)

Mohareb v Harbour Radio Pty Ltd [2020] NSWCA 231Court of Appeal of New South WalesBell P; Leeming JA & Simpson AJASecurity for costs - defamation - primary judge made orders requiring applicant to pay amount ofsecurity for costs into court - applicant sought to appeal - r42.21 Uniform Civil Procedure Rules2005 (NSW) - The Age Company Ltd v Liu (2013) 82 NSWLR 268 - House v The King (1936)55 CLR 499 - Adam P. Brown Male Fashions Pty Ltd v Philip Morris Incorporated (1981) 148CLR 170 - whether 'any issue of principle, any question of public importance, or any injustice' -held: leave to appeal refused.View Decision (I B C G)

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RGA Reinsurance Company of Australia Ltd v Westpac Life Insurance ServicesLtd [2020] NSWSC 1299Supreme Court of New South WalesStevenson JDiscovery - preliminary discovery - insurance - plaintiff and defendant were parties to LifeReinsurance Treaty (Treaty) - plaintiff apprehended defendant 'may have acted in breach of'prohibition in Article 1.5 of Treaty - plaintiff sought to exercise 'right under' Art 20.2 of Treaty 'toobtain documents from' defendant - plaintiff alternatively sought preliminary discovery underr5.3(1) Uniform Civil Procedure Rules 2005 (NSW) of some of the documents it sought 'underArt 20.2' of Treaty - whether plaintiff's request reasonable - whether it appeared plaintiff mightbe entitled to claim relief - whether plaintiff had made 'reasonable inquiries' - whether plaintiff'unable to obtain sufficient information to make a decision to commence proceedings' - held:summons dismissed.View Decision (I B)

Long Forest Estate Pty Ltd v Singh & Anor [2020] VSC 604Supreme Court of VictoriaJohn Dixon JContract - real property - 'plaintiff contracted to sell' property to first defendant - plaintiffcontended it 'validly terminated' contract for non?payment of purchase price's residue onsettlement date - plaintiff also contended deposit was 'forfeited to it' and sought compensationfor costs arising in relation to 'defendants' caveats' - defendants contended either or bothdefendants had terminated contract 'before the plaintiff’s notice of rescission was effective' -.ss32D, 32K(2) & 32K(4) Sale of Land Act 1962 (Vic) - 'section 32 statement' - EnvironmentProtection and Biodiversity Conservation Act 1999 (Cth) - s118 Transfer of Land Act 1958 (Vic)- misleading and deceptive conduct - loss of opportunity - held: defendants breached contractby failure to settle - plaintiff entitled to serve notice of recission - contract validly terminated ondefendants' 'failure to remedy' breach in recission notice - deposit forfeited - caveat not lodged'without reasonable cause' - claim for compensation dismissed.Long Forest (I B C G)

The Queen v The Herald & Weekly Times Pty Ltd & Ors [2020] VSC 616Supreme Court of VictoriaJohn Dixon JDiscovery - contempt - pleadings - applicant commenced 'contempt proceedings' againstrespondents concerning publications in breach of 'proceeding suppression order' -determination of applications by parties concerning discovery and pleadings - whetherrespondent required to make discovery of documents' according to categories submitted byapplicant - whether applicant required to make discovery according to categories submitted byrespondents - whether respondents required to provide 'amended defence and response tosummary of prosecution' - r29.07 Supreme Court (General Civil Procedure) Rules (2015) -

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'corporate respondents' - discovery's compellability - 'relevance or amenability' - 'discretionaryconsiderations' - adequacy of respondents' pleadings - held: respondents to make discovery incategories sought by applicant 'with modifications' - applicant not required to make discovery -respondents not required to file amended defence and response to summary of prosecution.The Queen (I B C G)

Australian Leisure and Hospitality Group Pty Ltd v Commissioner of Police [2020]WASCA 157Court of Appeal of Western AustraliaQuinlan CJ, Buss P & Vaughan JALiquor law - appellant, pursuant to s77 Liquor Control Act 1988 (WA) (Liquor Control Act),sought 'leave to alter and redefine existing licensed premises' - Liquor Commission grantedapplication - primary judge quashed Commission's decision - appellant appealed - whetherLiquor Control Act manifestly intended to exclude from 'public interest' 'any potential economicbenefits' from granting of licence - whether 'public interest' included public interest in 'obtaining'general economic benefits' from' licensed premises' 'development and use' - whetherprocedural fairness required that Commission put respondent on notice concerning significanceof 'economic benefit considerations' - ss33(1) a& 38(2) Liquor Control Act - held: appealdismissed.Australian Leisure and Hospitality (I B)

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