benchmark_20-05-2008_insu... - AR Conolly and Company Lawyers

Key: (I) Insurance, (B) Banking,
(C) Construction
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authorised to execute mortgage ñ where court order empowered execution by
ìthe Registrarî ñ whether a Deputy Registrar is or is not a Registrar ñ held
that primary judge had been correct in entering summary judgment in favour
of Bank. Yuejin (B)
Bilson v Rogers [2008] NSWSC 469
Supreme Court of New South Wales
Jagot AJ
Resulting trust - purchase of property - unequal contribution of plaintiff &
first defendant to purchase price - whether plaintiff & first defendant had
common intention that beneficial interest would vest wholly in plaintiff ñ
detailed consideration of principles in Calverley & Green - declaration that
first defendant held the whole of his interest in property on resulting trust for
plaintiff. Bilson (B)
Brebrich as Trustee for S & A Superannuation Fund v Maxpower Mortgage
Services Pty Limited; Brebrich as Trustee for S & A Superannuation Fund v
Maxpower Mortgage Services Pty Limited [2008] NSWSC 454
Supreme Court of New South Wales
Jagot AJ
Trust - plaintiffs invested in a unit trust ñ unit trust certificate ñ trustee
suffered losses - plaintiffs sought redemption of their units in unit trust &
payment of their entitlements ñ not a risk free investment - plaintiffs' evidence
did not substantiate declarations & orders sought. Brebrich (B)
NM Rural Enterprises Pty Ltd v Rimanui Farms Limited [2008] NSWSC 472
Supreme Court of New South Wales
Harrison J
Discovery ñ interrogatories ñ further discovery - plaintiff claiming damages
for breach of duty of care & nuisance - plaintiff alleged it had suffered loss &
damage due to herbicide spray drift that adversely affected its cotton and
sorghum crops -whether affidavit verifying list of documents conclusive ñ
whether relevant to a fact in issue ñ defendant's motion dismissed ñ case law
considered. NM Rural Enterprises (I)
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e: benchmark@arconolly.com.au
t: 02 9333 3600