Cases

Here’s a list of judgments that I’ve appeared in that are publicly available (some procedural judgments not included). The title of each case is linked to AustLII.

Pro-Pac Packaging (Aust) Pty Ltd v Penn [2020] FCA 540 per Burley J (unled)

This was an application to release the implied undertaking in respect of document produced in proceedings for preliminary discovery.

Mutch v ISG Management Pty Ltd [2020] FCA 362 per Bromberg J (led by Mr Pike SC)

In a class action involving underlying questions of whether technicians were employees or independent contractors, Bromberg J determined that there were substantial common issues, that the action ought not be de-classed, and to dismiss an application for a common fund order.

Dinomyte Pty Ltd v ASIC [2019] FCA 1989 per Gleeson J (unled)

This was an application under s 237 of the Corporations Act 2001 for leave to bring a derivative action, involving consideration of whether it was in the best interests of the company for the proceedings to be commenced.

Youssef v Commissioner of the Australian Federal Police [2019] NSWCA 272 per Gleeson JA, Emmett and Barrett AJA (unled)

This was an application for leave to appeal in respect of the rejection of a proposed undertaking under s 44 of the Proceeds of Crime Act 2002 (Cth).

Stimpson v Australian Traditional Medical Society Ltd [2019] NSWSC 979 per Button J (unled)

This was a motion for summary dismissal or strike-out of the Statement of Claim. This case dealt with orthodox principles concerning deficient pleadings.


The Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd (in liq) [2019] NSWSC 643 per R A Hulme J (unled)

In this matter, the Applicants sought to exclude property from restraining orders made under the Proceeds of Crime Act 2002 (Cth). This case concerned reasonably complicated questions under s 29, 31, 44 and 330(4) of the Act.

Council of the Law Society of NSW v Renfrew [2019] NSWCATOD 63 (unled)

The Law Society sought to have a solicitor struck-off the roll, in circumstances in which she admitted knowingly to filing false affidavits with the Supreme Court. The case dealt with professional misconduct and appropriate sanctions.

Miloni v Bechara [2019] FCCA 551 per Street J (unled)

This was a creditor’s petition, and concerned with whether the limitation period of the debts underlying the petition had expired, and whether the District Court had jurisdiction to deliver the judgment said to found the petition.

Hera Resources Pty Ltd v Gekko Systems Pty Ltd [2019] NSWSC 37 per Ball J (led by Mr Kidd SC)

This was an application for an advance evidentiary ruling under s 192A of the Evidence Act 1995. The issue was whether an expert report served prior to proceedings was subject to without prejudice privilege or legal professional privilege, and whether serving it waived privilege.

Grewal v Layton (No 2) [2018] NSWSC 1910 per Ball J (unled)

This was an application for indemnity costs, after the result at the hearing concerning a contract dispute was better than offers made in an offer of compromise. The issue involved the ordinary principles concerning offers of compromise.

Trojan Marketing & Consultants Pty Ltd v Kirela Pty Ltd [2018] NSWSC 1786 per Rees J (unled)

This was an application under r 49.19 for review of a Registrar’s decision. The underlying issue concerned whether the plaintiffs should be ordered to give security for costs.

Grewal v Layton [2018] NSWSC 1634 per Ball J (unled)

This was a claim for payment of money loaned by the plaintiff to the defendant. The principle issue was whether the loan (evidenced by SMSs) was between the plaintiff and the defendant, or the plaintiff and a corporate entity associated with the defendant. The case discussed the approach of courts in determining the proper parties to a contract.

Inverell Shire Council v Australia Gemstone Resources Pty Ltd (in liq) [2018] NSWSC 1470 per Rees J (unled)

This was an application to terminate the winding up of a corporation under s 482 of the Corporations Act 2001. The case considered conventional principles under s 482.

Kiriwina Investment Company Pty Ltd v Green Lees Developments Pty Ltd [2018] NSWCA 210 per Gleeson and White JJA, and Sackville JA (led by Mr Pike SC)

This was an appeal from a decision that a debtor under a loan agreement was a farmer, so as to engage the Farm Debt Mediation Act 1994 (NSW). The case involved consideration of whether the evidence at first instance supported the primary judge’s conclusion of whether the debtor was a farmer, and also a broader question of the extent to which the Act applied only to certain types of farming.

Renton v Kelly [2018] NSWSC 1377 per Ward CJ in Eq (unled)

This was a decision concerning costs of a preliminary discovery application. The judgment considered principles of when a court will award costs in circumstances where there has been no contested hearing.

Hodges v Sandhurst Trustees Ltd [2018] FCA 1346 per Lee J (led by Mr Pike SC)

This was an application for an approval of a settlement of a class action (with the underlying dispute being concerned with a trustee of a debenture scheme).

Vanguard Financial Planners Pty Ltd v Ale [2018] NSWSC 314 per Black J (unled)

In this matter two former business partners (an accountant and a financial planner) made allegations of breaches of fiduciary duty and contract against each other and another senior employee. The judgment contains a discussion of principles often arising when business relationships break down, such as fiduciary duties, Barnes v Addy, confidential information, and causation in equitable claims.

Swiss Re International SE v Simpson [2018] NSWSC 233 per Hammerschlag J (led by Mr Muston SC)

Swiss Re and QBE alleged that misrepresentations were made to them which led them to issue performance bonds to the Forge Group – which, shortly after the issue, collapsed. This was a complex commercial case concerned with principles of misleading or deceptive conduct – and, in particular, causation and reliance.

Rushleigh Services Pty Ltd v Forge Group Ltd (in liq) (Receivers and Managers Appointed) [2018] FCA 26 per Markovic J (led by Mr Muston SC)

This was an application in a securities class action for leave to proceed directly against insurers of Forge and its officers under the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), where earlier leave to proceed against Forge’s liquidator had been refused.

Denshire v Roads and Maritime Services [2017] NSWLEC 181 per Pain J (unled)

In this case, the applicants sought compensation for land compulsorily acquired by them, on the basis that the compulsory acquisition led to the loss of a Deed of option for sale. The case contains discussion of the meaning of “special value” within the meaning of s 57 of the Land Acquisition (Just Terms Compensation) Act 1991.

Kiriwina Investment Company Pty Ltd v Green Lees Developments Pty Ltd [2017] NSWSC 1727 per Harrison AsJ (unled)

The plaintiff lender sought a monetary judgment following default on a loan. The issue was whether the defendant conducted a farming enterprise, and whether the Farm Debt Mediation Act 1994 (NSW) was engaged.

Simone v Kola (No 2) [2017] NSWSC 821 per Schmidt J (unled)

This was an appeal from a Local Court decision, concerned with whether a solicitor had received necessary authorities from clients so as to permit payment of fees from money held in trust.

Denshire v Newcastle City Council [2017] NSWSC 577 per Darke J (unled)

This was an application under s 89(1) of the Conveyancing Act 1919 (NSW) for the extinguishment of three easements.

FAL Management Group Pty Ltd v Denham Constructions Pty Ltd [2017] NSWSC 150 per Ball J (unled)

This was a decision concerning payment out of court of money where there was a dispute between an owner and a builder, a judgment in favour of the builder under the BACISOP Act, and where the builder later became insolvent.

Marsden v DCL Developments Pty Ltd (No. 3) [2016] NSWSC 1795 per Davies J (unled)

In this matter, a borrower alleged that the bank had engaged in unconscionable conduct in contravention of s 12CB (and the like) of the ASIC Act 2001 (Cth). The case discussed those sections and also the significance of the Banking Code.

In the matter of Rocha Pty Ltd (No. 2) [2016] NSWSC 1172 per Brereton J (unled)

This case was a follow on of the matter immediately below, regarding the attempted reinstatement of a company that had been deregistered in 1982. The issue was whether the right to seek reinstate was an accrued right, so as to survive repeal of the statute which created the right, as contemplated by s 30(1)(c) of the Interpretation Act 1987 (NSW).

In the matter of Rocha Pty Ltd (Deregistered) [2016] NSWSC 899 per Brereton J (unled)

This case was concerned with whether there existed (in 2016) a statutory provision permitting reinstatement of a company which had been registered under the Companies Act 1961 and deregistered in the 1982.

Nitro Circus Touring Australia Pty Ltd v Lenzoni [2016] NSWSC 178 per Hammerschlag J (unled)

This was an application for default judgment in respect of an Italian resident, who had been served pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

Hodges v Sandhurst Trustees Ltd [2014] FCA 1223 per Gleeson J (led by Mr Pike SC)

This was an application for summary judgment in respect of a class action, regarding a debenture scheme.

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