Law Blog
My blog features case notes and commentary about developments in corporate and commercial law, focusing on key decisions of the courts in both state and federal jurisdictions.
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What is a ‘retail tenancy dispute’? Navigating the statutory regime
Disputes regarding retail tenancies are typically the exclusive province of the Victorian Civil and Administrative Tribunal. Nonetheless, the Supreme Court of Victoria in the recent case of AMJE Pty Ltd v Mobil Oil Australia Pty Ltd [2016] VSC 777 held that the Court possesses jurisdiction in circumstances where, turning on a point of statutory interpretation, the plaintiff had made a claim that was not in fact a ‘retail tenancy dispute’ in the strict sense.
Would you like GST with that?
The question of whether a price for something includes or excludes GST is an issue that arises in contracts from time to time. Such was the dispute between the parties in A & A Property Developers Pty Ltd v MCCA Asset Management Ltd [2016] VSC 653.
Contracts, specific performance and interlocutory injunctions
The Victorian Supreme Court has recently refused to grant an interlocutory injunction that would have had the effect of requiring specific performance of a contract. In addition to giving persuasive reasons for doing so, the decision in Hera Project Pty Ltd v Bisognin & Anor [2016] VSC 591 more broadly represents a useful illustration of the principles to be applied when considering an application for an injunction.
Do ‘I’ really ‘O.U.’? Going behind court judgments in bankruptcy proceedings
The Federal Court has recently considered an appeal relating to the circumstances in which a court of bankruptcy can and should 'go behind' a judgment made against a debtor in order to ascertain whether a party facing bankruptcy in fact owes a debt being pursued.
Residential tenancies and the ‘sharing economy’
The Victorian Supreme Court last week ruled on an appeal from a decision of the Victorian Civil and Administrative Tribunal regarding the proper characterisation of an 'Airbnb' arrangement at property the subject of a residential tenancy.
Seeking security for costs? Be quick, and ask the right questions
The Court of Appeal in Australian Dream Homes Pty Ltd v Stojanovski [2016] VSCA 38 recently considered an application for security for costs. The Court’s decision provides some guidance for parties seeking to make such applications, highlighting in particular the importance of enquiring about the financial health of the opponent as well as the relevance of delay.
What can ‘rescission’ of a contract really achieve?
The Court of Appeal recently considered the effect of rescission and, in particular, its quality as an equitable remedy. The case of Gutnick v Indian Farmers Fertiliser Cooperative Ltd [2016] VSCA 5 shows how a judicial declaration of rescission can help a party seeking restitution.
Doggett v Commonwealth Bank of Australia: What does it take to be a diligent and prudent banker?
The Victorian Court of Appeal last week handed down its judgment in Doggett v Commonwealth Bank of Australia [2015] VSCA 351, a case which bears significant implications for the lending industry and which helps to answer the question, 'What does it take to be a diligent and prudent banker?'.
Applying to remove a caveat?
The recent Victorian Supreme Court decision in Yuksels Nominees Pty Ltd v Nguyen & Anor [2015] VSC 663 provides some useful guidance about the removal of caveats under the Transfer of Land Act 1958. The case also considers the relevance of other court proceedings instigated by the caveator and whether an application to remove the caveat might in such a situation be 'vexatious'.
Discovery obligations and sanctions under the Civil Procedure Act
The significance of the Civil Procedure Act 2010 and the role of legislative intent in determining its scope have been reiterated in a recent decision of the Victorian Court of Appeal.