Equity
Acropol Stars Pty Ltd v Rysal-One Pty Ltd [1999] VSC 87; BC9901658
Equity - Injunctions – interim injunctions – principles – serious question to be tried – balance of convenience
Cherry Print Pty Ltd and Ors v Chateau Court Pty Ltd and Ors [2002] VSC 167; BC200202273
Equity - Injunctions – interlocutory – unpaid vendor holding securities – balance of convenience – injunction to restrain receiver and manager.
Commonwealth Bank of Australia v Milder Elfman Szmerling & Krycer [1998] CJV 45,410; BC9800411
Equity - Equitable estoppel - Whether bank estopped from making demand for repayment - Whether use by bank of letter outlining defendants’ financial problems unconscionable conduct within meaning of s 51BA Trade Practices Act 1974 (Cth) – Receivers - Powers and duties - Duty to act in good faith - Whether receivers acted in good faith
Digicel (Fiji) Limited v Dickson International Trading Company Limited [2009] FJHC 278; HBC184.2009L
Equity – Interlocutory injunction application - Mandatory Injunction – principles – Fair Trading Decree (Fiji) – application to restrain unlocking of mobile phones – allegation of intentional interference with third party contracts – balance of convenience - whether damages sufficient remedy – American Cyanide the test in Fiji not ABC v O’Neill
Earth Synergy Pty Ltd and Anor v Red Earth Licensing Ltd [2002] VSC 325; BC200204886
Equity - Injunction - interlocutory injunction - balance of convenience - undertaking as to damages - inability of plaintiffs to secure undertaking as to damages.
Jewel Group Pty Ltd & Ors v Farrow Mortgage Services Pty Ltd & Ors [Pyramid Building Society] [1993] FCA 588; BC9305101
Equity - Specific performance of a number of agreements, declarations under provisions of the Trade Practices Act 1974 (Cth) as well as under the Fair Trading Act 1985 (Vic), relief under s87 of the Trade Practices Act and s41 of the Fair Trading Act - orders under a number of the provisions of the Corporations Law - interlocutory and final orders restraining a number of the respondents from entering into possession of or assuming control of the assets, property or undertakings of some of the applicants, and from interfering in the management of some of the resorts being developed in Queensland. Other relief sought includes an order for an enquiry pursuant to s536 and/or s538 of the Corporations Law into the administration
Lofts Property Developments Pty Ltd v Optus Vision Pty Ltd [1997] VSC 623; CJV 42,377; BC9707345
Equity - Equitable estoppel - Whether defendant induced plaintiff developer’s false assumption - Plaintiff claimed defendant was estopped from denying it was bound to take a lease from plaintiff - Where plaintiff incorrectly assumed agreement for lease existed between it and defendant - Whether defendant encouraged plaintiff to maintain or to continue to hold assumption.
New Zealand Pacific Training Centre Limited v Training & Productivity Authority of Fiji [2008] FJCA 19 Nov 08
Appeal – Equity - Estoppel – Misleading and deceptive conduct – Fair Trading Decree 1995 (Fiji) – Administrative law – Alleged breaches by government authority – Appeal dismissed.
Pudney & Anor v Man GHH Logistics GMBH [1993] VSC 726; BC9304139
Equity - Equitable charge – consideration – promise to pay debt from a specified fund – sufficiency of evidence to support finding of the creation of a charge – corporation – control by non-director.
Robmatjus Pty Ltd & Anor v Violet Home Loans Australia Pty Ltd [2007] VSC 165; BC200704112
Equity - Injunctions – Application for freezing orders against defendant and non-parties – Relief, including ancillary orders, granted – Standard of proof - ‘real case to be investigated’ – Balance of convenience – Whether impecunious corporate plaintiffs should be required to support undertaking as to damages with security – Supreme Court (General Civil Procedure) Rules 2005 (Vic), Order 37A.
Sands Print Group Limited (Receiver & Manager Appointed) v. Jackson [2000] VSC 346; BC200005198
Equity - Equitable estoppel - Where alleged representation made that bank agreed to permit continued trading if companies placed in voluntary administration - Whether proceedings erroneous without consent of administrators or leave of court pursuant to s 440D(1) Corporations Law.
The Big Four Pty Ltd v DaimlerChrysler Australia/Pacific Pty Ltd & Ors [2002] FCA 783
Equity - Injunctions – Trade Practices Act 1974 ss 51AC, 51ACA, 51AD, 51AE, 80, 82 - Franchise Code – failure to engage dispute resolution procedure in Code – serious question to be tried – balance of convenience
Acropol Stars Pty Ltd v Rysal-One Pty Ltd [1999] VSC 87; BC9901658
Equity - Injunctions – interim injunctions – principles – serious question to be tried – balance of convenience
Cherry Print Pty Ltd and Ors v Chateau Court Pty Ltd and Ors [2002] VSC 167; BC200202273
Equity - Injunctions – interlocutory – unpaid vendor holding securities – balance of convenience – injunction to restrain receiver and manager.
Commonwealth Bank of Australia v Milder Elfman Szmerling & Krycer [1998] CJV 45,410; BC9800411
Equity - Equitable estoppel - Whether bank estopped from making demand for repayment - Whether use by bank of letter outlining defendants’ financial problems unconscionable conduct within meaning of s 51BA Trade Practices Act 1974 (Cth) – Receivers - Powers and duties - Duty to act in good faith - Whether receivers acted in good faith
Digicel (Fiji) Limited v Dickson International Trading Company Limited [2009] FJHC 278; HBC184.2009L
Equity – Interlocutory injunction application - Mandatory Injunction – principles – Fair Trading Decree (Fiji) – application to restrain unlocking of mobile phones – allegation of intentional interference with third party contracts – balance of convenience - whether damages sufficient remedy – American Cyanide the test in Fiji not ABC v O’Neill
Earth Synergy Pty Ltd and Anor v Red Earth Licensing Ltd [2002] VSC 325; BC200204886
Equity - Injunction - interlocutory injunction - balance of convenience - undertaking as to damages - inability of plaintiffs to secure undertaking as to damages.
Jewel Group Pty Ltd & Ors v Farrow Mortgage Services Pty Ltd & Ors [Pyramid Building Society] [1993] FCA 588; BC9305101
Equity - Specific performance of a number of agreements, declarations under provisions of the Trade Practices Act 1974 (Cth) as well as under the Fair Trading Act 1985 (Vic), relief under s87 of the Trade Practices Act and s41 of the Fair Trading Act - orders under a number of the provisions of the Corporations Law - interlocutory and final orders restraining a number of the respondents from entering into possession of or assuming control of the assets, property or undertakings of some of the applicants, and from interfering in the management of some of the resorts being developed in Queensland. Other relief sought includes an order for an enquiry pursuant to s536 and/or s538 of the Corporations Law into the administration
Lofts Property Developments Pty Ltd v Optus Vision Pty Ltd [1997] VSC 623; CJV 42,377; BC9707345
Equity - Equitable estoppel - Whether defendant induced plaintiff developer’s false assumption - Plaintiff claimed defendant was estopped from denying it was bound to take a lease from plaintiff - Where plaintiff incorrectly assumed agreement for lease existed between it and defendant - Whether defendant encouraged plaintiff to maintain or to continue to hold assumption.
New Zealand Pacific Training Centre Limited v Training & Productivity Authority of Fiji [2008] FJCA 19 Nov 08
Appeal – Equity - Estoppel – Misleading and deceptive conduct – Fair Trading Decree 1995 (Fiji) – Administrative law – Alleged breaches by government authority – Appeal dismissed.
Pudney & Anor v Man GHH Logistics GMBH [1993] VSC 726; BC9304139
Equity - Equitable charge – consideration – promise to pay debt from a specified fund – sufficiency of evidence to support finding of the creation of a charge – corporation – control by non-director.
Robmatjus Pty Ltd & Anor v Violet Home Loans Australia Pty Ltd [2007] VSC 165; BC200704112
Equity - Injunctions – Application for freezing orders against defendant and non-parties – Relief, including ancillary orders, granted – Standard of proof - ‘real case to be investigated’ – Balance of convenience – Whether impecunious corporate plaintiffs should be required to support undertaking as to damages with security – Supreme Court (General Civil Procedure) Rules 2005 (Vic), Order 37A.
Sands Print Group Limited (Receiver & Manager Appointed) v. Jackson [2000] VSC 346; BC200005198
Equity - Equitable estoppel - Where alleged representation made that bank agreed to permit continued trading if companies placed in voluntary administration - Whether proceedings erroneous without consent of administrators or leave of court pursuant to s 440D(1) Corporations Law.
The Big Four Pty Ltd v DaimlerChrysler Australia/Pacific Pty Ltd & Ors [2002] FCA 783
Equity - Injunctions – Trade Practices Act 1974 ss 51AC, 51ACA, 51AD, 51AE, 80, 82 - Franchise Code – failure to engage dispute resolution procedure in Code – serious question to be tried – balance of convenience
