Cases

By

Australia

Retirement Care Australia (Hollywood) Pty Ltd v Commissioner for Consumer Protection [2013] WASC 219 (31 May 2013)

Statutory construction: Represented the residents of the Hollywood Retirement Village and successfully opposed the plaintiff’s application to sell part of the village’s land against the wishes of its residents.

D’Souza v Auguste & Anor [2001] WASC 310 (16 November 2001)

Trusts: Dispute over the ownership of first division Lotto winnings.

ZGTeek Pty Ltd v Michael Lurie & Associates [2012] WASC 419 (15 November 2012)

Review of taxation: Successful application for the review of the taxation of a solicitor-client bill of costs.

Terranova v Auxil Pty Ltd [2008] WADC 29 (22 February 2008) and Auxil Pty Ltd v Terranova [2009] WASCA 163 (11 September 2009)

Negligent misstatement/Misleading and deceptive conduct: Consideration of whether unaccepted offers to purchase constituted evidence of the market value of land.

Winter v Salvation Army (WA) Property Trust [2012] WASAT 17 (27 January 2012)

Application for order pursuant to the Retirement Village Act 1993 (WA) that a retirement village repair and maintain village facilities in accordance with its service contract and the Act.

Sunlea Enterprises Pty Ltd v Pollock [2014] WASC 91 (24 May 2014)

Security for costs: Successful application for an order that the plaintiff pay security for costs for a claim involving multiple defendants and causes of actions alleged to arise from a failed real estate development.

Sunlea Enterprises Pty Ltd v Pollock [No 2] [2015] WASC 102 (27 March 2015)

Strike-out application: Successfully struck out allegations of knowing assisting breaches of trust and participating in an unlawful conspiracy.

Orbito Nominees Pty Ltd v Betts Nominees Pty Ltd [2015] WASC 431 (12 November 2015)

Application to set aside subpoenas: successfully defended an application to set aside subpoenas issued to produce documents relevant to an application to replace a trustee of a unit trust.

Westonia Earthmoving Pty Ltd v Cliffs Asia Pacific Iron Ore Pty Ltd [2013] WASC 57 (28 February 2013)

Security for costs: successful defence of an application for the plaintiff to provide security for costs. The application was dismissed on a newly recognised ground that the defendant already had sufficient security from retention monies held under the terms of a construction contract.

Altera v Montgomery [2013] WADC 94 (19 June 2013)

Successfully defended a claim by a party to a failed relationship claimed the gifts made during the relationship constituted loans to the other party. The claim was dismissed on the basis that there was no intention to be legally bound.

Federal Court and Other Australian States

Deputy Commissioner of Taxation v Soiland Pty Ltd (In Liq) [2010] FCA 168 (2 March 2010)

Corporation/Insolvency: Successful application for leave to review a Deputy Registrar’s orders that a company be wound up.

Gamble v Wilson [2011] NSWDC 240 (3 June 2011)

Tenancy dispute: Represented tenants who suffered losses as a result of landlords terminating the lease and retaking possession of premises.

 

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