Under r 51.50 of the Uniform Civil Procedure Rules 2005 (NSW), the New South Wales Court of Appeal may, in “special circumstances”, order that such security as the Court of Appeal thinks fit be given for costs of an appeal.…
Blog Archives
Offsetting claim that creditor sold property at under value in breach of mortgagee’s duty fails because there was no attack on the sale process
Introduction The Victorian Court of Appeal in Modeca Investments Pty Ltd v Commonwealth Bank of Australia [2017] VSCA 203 has refused to set aside a creditor’s statutory demand for payment of a debt which was the balance of a loan…
Posted in Brief notes
Testamentary capacity – deceased lacked the capacity to make her last three wills
The New South Wales Court of Appeal in Craig-Bridges v NSW Trustee and Guardian [2017] NSWCA 197 has found that a deceased person lacked the capacity to make her last three wills because she did not understand the extent of…
Posted in Brief notes
Lawyer husband restrained from acting as counsel for plaintiff wife
The Supreme Court of Western Australia in Lafferty v Waterton [No 3] [2017] WASC 230 has restrained a lawyer from acting as counsel for the plaintiff, his wife, because of a combination of factors: it would be difficult for him…
Posted in Brief notes
Group proceeding stayed as an abuse of process – plaintiff’s predominant purpose was to use the proceeding to generate income
The Victorian Court of Appeal in Melbourne City Investments Pty Ltd v Myer Holdings Limited [2017] VSCA 187 has upheld the decision of a judge at first instance to stay a group proceeding as an abuse of process because the…
Posted in Brief notes
