Westpac Banking Corporation v Kekatos [2015] NSWSC 1629

PRACTICE AND PROCEDURE – plaintiff’s consent to default judgment being set aside given on the basis of defendant’s sworn evidence which she subsequently admitted was false – application by plaintiff to have default judgment reinstated – circumstances in which a court sets aside orders entered by consent – whether plaintiff entitled to summary judgment – whether bona fide defence on the merits – effect of defendant’s failure to give sworn evidence in opposition to plaintiff’s application.

PRACTICE AND PROCEDURE – motion to set aside interlocutory consent order to be brought in the original proceedings to avoid multiplicity of proceedings.

CONTRACT – consent orders handed up to resolve interlocutory notice of motion not enforceable contract.

CONTRACTS REVIEW ACT – relevance of benefit to borrower from discharge of earlier mortgage to secure loans admitted to be owing – no evidence to displace lender’s entitlement to possession and judgment based on portion of advance that conferred incontrovertible benefit on borrower.

Tim Castle appeared for Westpac Banking Corporation.

Berry v Innovia Security Pty Ltd (No 2) [2015] FCA 1156

PRACTICE AND PROCEDURE – security for costs – limited security ordered based on personal undertakings – breach of undertakings – further security ordered.

Dr Chris Ward SC appeared for the applicants.

LFDB v SM (No 2) [2015] FCA 1013

COSTS – indemnity costs – whether action had no prospect of success – effect of applicants’ letter to respondent – whether respondent’s failure to resolve proceedings contrary to Federal Court of Australia Act 1976 (Cth), s 38N(1) – where respondent enjoyed partial success – no reason to depart from the usual rule.

Dr Chris Ward SC appeared for the respondent.

Lambert Leasing Inc. v QBE Insurance Ltd (No 2) [2015] NSWSC 1196

EQUITY - Aviation insurance - The effect of a pay to be paid clause - Costs orders - Indemnity costs - Calderbank offers - Reasonable refusal - Offer of compromise under the Uniform Civil Procedure Rules 2005 - Walk away offer - Whether genuine compromise.

Dr Chris Ward appeared for the plaintiffs.

Asiapac Securities Pty Ltd v Ashlee Holdings Pty Ltd [2015] NSWSC 1431

CIVIL PROCEDURE – possession of land - application to set aside default judgment – whether satisfactory explanation for delay – whether bona fide and arguable defence.

Richard Parsons represented the Second Defendant.

Trajkovski v Asiapac Securities Pte Ltd [2015] NSWSC 1432

CIVIL PROCEDURE – validity of credit agreement – application to file amended summons – security for costs – threshold issue – relevant considerations under UCPR 42.21(1A) – whether company incorporated in Singapore should be ordered to give security for costs.

LFDB v SM [2015] FCA 725

PRACTICE AND PROCEDURE – applications to set aside registration of freezing orders made by the High Court of New Zealand – whether enforcement of judgments would be contrary to public policy in Australia – whether freezing orders are “registrable NZ judgments” – whether freezing orders are “final and conclusive” judgments – whether freezing orders are orders that, if contravened, would make the first applicant liable to conviction for an offence – whether orders were made in proceedings in rem the subject matter of which was movable property not situated in New Zealand – Trans-Tasman Proceedings Act 2010 (Cth), s 72.

LFDB v SM [2015] FCA 725 (20 July 2015)

R v Glenn Patrick McNamara (2015), NSW Supreme Court, Bellew J

SUBPOENA - criminal trial on indictment - alleged murder of Jamie Gao - objection to production - public interest immunity - appeared for Australian Federal Police, instructed by Australian Government Solicitor.

NHPT and Members of the Companies Auditors and Liquidators Disciplinary Board and Australian Securities & Investments Commission [2015] AATA 445

PRACTICE AND PROCEDURE – application under s 43AA – "slip rule" – whether inconsistency or obvious error – date of effect of suspension of applicant’s registration as an auditor – effect of stay – inconsistency between intention of reasons and decision – application granted Administrative Appeals Tribunal Act 1975 (Cth) s 43AA.

Tim Castle appeared for the applicant.

Jewelsnloo Pty Ltd v Sengos [2015] NSWSC 80

PROCEDURE – civil – interlocutory issues – application by plaintiff for leave to reopen its case to admit additional evidence – prejudice to defendants opposing application in circumstances where new evidence will make fundamental changes to basis of plaintiff’s case – evidence that plaintiff unable to compensate defendant for costs of responding to new evidence if plaintiff ordered to do so – no explanation for failure to tender evidence at earlier stage.

Civil Procedure Act 2005 (NSW), Pt 6, Div 1, s 56.
Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 20, 243(a).
Fair Trading Act 1987 (NSW), s 42.

Coffey Information Pty Limited v Cullen [2015] FCA 28

PRACTICE AND PROCEDURE – application for order for discovery – alleged misuse of confidential information by prospective respondents – whether reasonable belief that prospective applicant may be entitled to relief – whether more than suspicion or assertion – whether insufficient information to determine whether to commence proceedings – whether prospective respondents have relevant material – whether reasonable enquiries undertaken by prospective applicant – exercise of discretion.

Reasons for the decision can be found here.

Jingalong Pty Ltd v Todd (No 3) [2014] NSWCA 353

PRACTICE AND PROCEDURE - application for freezing order pending resolution of appeal.

 Reasons for the decision can be found here.