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

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Key: (I) Insurance, (B) Banking, (C) Construction - 2 - 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) Benchmark is prepared daily by A R Conolly & Company Lawyers, Sydney e: benchmark@arconolly.com.au t: 02 9333 3600
Key: (I) Insurance, (B) Banking, (C) Construction - 3 - Amirbeaggi & 2 Ors v Business in Focus (Australia) Pty Ltd & 5 Ors [2008] NSWSC 421 Supreme Court of New South Wales Brereton J Legal practitioners ñ costs agreements ñ whether agreement providing for how costs to be paid was a ìcosts agreementî ñ if so, whether void as barring right to costs assessment ñ whether right to costs assessment can be excluded ñ summary judgment ñ evidentiary requirements ñheld that formal requirements for summary judgment not satisfied - deed was a ìcosts agreementî & was void, as it contained provision barring costs assessment - proceedings to recover debt under deed were proceedings to recover costs & an abuse of process. Amirbeaggi (I) Morrison v Thomas Borthwick & Sons (Australia) Pty Ltd [2008] QSC 093 Supreme Court of Queensland McMeekin J Damages ñ personal injury - measure & remoteness of damages ñ plaintiff, seeking damages for negligence, breach of contract & breach of statutory duty against employer - slip on a mat at work - liability admitted - three aspects of damages in issue ñ pain, suffering & loss of amenities, future economic loss & future recurring expenses - plaintiffís injury an aggravation of degenerative condition ñ vulnerability - damages for loss of future earning capacity assessed on basis that plaintiff unemployable in former capacity but had gained & retained better paying employment with defendant - plaintiff would not have reached retirement age in former employment regardless of accident - judgment for plaintiff for $84,587.09. Morrison (I) Landmark Operations Ltd v J Tiver Nominees Pty Ltd & Ors [2008] SASC 133 Supreme Court of South Australia Sulan J Experts report ñ application to amend pleadings - plaintiff a specialist financier to agricultural industry - second to sixth defendants carried on farming business - first to fifth defendants registered proprietors of land on which the farming business conducted - first defendant a trustee company for family trust - plaintiff & second to sixth defendants entered agreement by which plaintiff provided certain loans & credit facilities - second to sixth defendants have failed to repay the amounts owing in accordance with terms of agreement ñ plaintiff suing for damages - defendants have filed a counterclaim seeking damages for various breaches of duties - defendants have applied for leave further to amend their defence & counterclaim, & to Benchmark is prepared daily by A R Conolly & Company Lawyers, Sydney e: benchmark@arconolly.com.au t: 02 9333 3600
Page 1: BENCHMARK Insurance, Banking & Cons
Page 5 and 6: From CanadaÖ Key: (I) Insurance, (

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