Commercial Division Decisions

December 2016

December 14, 2016
His Honour Judge Anderson
Catchwords:
Practice and procedure – Interest on judgment – “Demand of payment” – Demand not made by the successful plaintiff

November 2016

November 28, 2016
His Honour Judge Anderson
Catchwords:
Practice and procedure – Application for security of costs – Complex litigation relating to misuse of “trade secrets”
November 25, 2016
His Honour Judge Anderson
Catchwords:
Building Contract – Payment claim under the Building and Construction Industry Security of Payments Act 2002 (Vic)
November 18, 2016
His Honour Judge Anderson
Catchwords:
Contract – Written agreement for the production and supply of alcoholic beverages – Process for the ordering of the product – Whether obligation to supply if procedures not followed
November 14, 2016
His Honour Judge Anderson
Catchwords:
Practice and procedure – Multitude of proceedings and applications arising from orders and judgments - Summary of events to date and likely steps necessary before all issues are concluded.

October 2016

October 26, 2016
His Honour Judge Anderson
Catchwords:
Contract – Joint venture to redevelop residential property with two units – Terms for repayment of capital instalments

September 2016

September 23, 2016
His Honour Judge Anderson
Catchwords:
Practice and procedure – Security for costs – Franchisee bringing action against franchisor for failure to disclose a possible or likely change in its system of operations.
September 23, 2016
His Honour Judge Anderson
Catchwords:
Practice and procedure – Warrant of seizure and sale – Auction by sheriff unsucessful – Application for further auction “without reserve” – Whether order for sale should be made – Order refused – Humphreys v. Pioneer Homes Australia Pty Ltd [2000]
September 23, 2016
His Honour Judge Anderson
Catchwords:
Legal practitioners – Costs agreement – “No win-no fee” – Whether costs agreement and disclosure statement should have been translated into the Serbian language.
September 21, 2016
His Honour Judge Anderson
Catchwords:
Application to set aside default judgment entered in December 2004 – Application to set aside judgment made in January 2005 dismissed in May 2005

August 2016

August 30, 2016
His Honour Judge Macnamara
Catchwords:
Misleading and deceptive conduct – contract – monies had and received

July 2016

July 15, 2016
Her Honour Judge Cohen
Catchwords:
Loan agreement - Whether loan amount advanced - Penalty Interest Act 1983 - Judgment for the plaintiff

May 2016

May 17, 2016
Her Honour Judge Kennedy
Catchwords:
Taxation – director’s liability for penalties for unpaid employee deductions - whether defences available under section 269-35 of Schedule 1 of the Taxation Administration Act 1953
May 6, 2016
Judge Anderson
Catchwords:
Practice and procedure – Claim for solicitor’s costs – Statute of limitations – Whether cause of action accrued six years after the date of the last work performed as claimed in the bill of costs

April 2016

April 22, 2016
Judge Anderson
Catchwords:
Practice and procedure – Application for a stay of the proceeding – Appropriate court to determine the dispute – Policy of insurance entered into in New Zealand – Claim made relating to events occurring primarily in Victoria
April 22, 2016
Anderson
Catchwords:
Building contract – Payment claims – Conflicting evidence as to the identity of the parties to the “construction contract” to whom the claims related – Building and Construction Industry Security of Payment Act 2002 (Vic)
April 7, 2016
Anderson
Catchwords:
Trusts – Family home in the joint names of a husband and wife – Property sold as a result of a Family Court order – Purchased by a daughter and placed in joint names of the daughter and her mother

March 2016

March 18, 2016
Judge Anderson
Catchwords:
Contract – Alleged agreement between developers of adjoining land – Contribution to be made by one developer towards the costs of the other constructing a sub-divisional road on the common boundary – Whether agreement established
March 10, 2016
Judge Anderson
Catchwords:
Mortgage – Assignment of securities by bank to guarantor – Effectiveness of deed between the registered proprietor of a property and a company in liquidation which had guaranteed a bank loan to the registered proprietor – Payment by guarantor to the bank

December 2015

December 1, 2015
Judge Anderson
Catchwords:
Practice and procedure – Summary judgment application – Guarantee and indemnity – Sufficiency of plaintiff’s disclosure of documents – Whether variation made to terms of trade with principal debtors without notice to guarantor – Whether plaintiff required

November 2015

November 27, 2015
Judge Kennedy
Catchwords:
MORTGAGES - statutory power of sale by mortgagee - Transfer of Land Act 1958, s77(1) - whether wife had equitable interest in the property - content of mortgagee’s duty - whether mortgagee breached its duty, in particular, by release of a flora and fauna

May 2015

May 22, 2015
Judge Lewitan
Catchwords:
Construction of Lease, fair wear and tear, structural repairs, make good provisions