This matter involved the construction of clauses contained in a Franchise Agreement in consequence of the defendant’s non-renewal of that agreement for a further term. In reaching its conclusion that the defendant was bound to consider the best interests of the plaintiff, the court applied what was stated by Edelman J in H Lundbeck A/S v Sandoz Pty Ltd; CNS Pharma Pty Ltd v Sandoz Pty Ltd (2022) 276 CLR 170. The matter also involved:
This matter involved claims in relation to an unadministered intestate estate where an administrator had been appointed 45 years ago and where the primary asset in the intestate estate was a rural property. Allegations were made by the plaintiff beneficiary that the administrator had maladministered the estate and sought accounting on the basis of wilful default. The claims were made in circumstances where the evidence was fallible and contemporary documents lacking. The matter also concerned an application by the plaintiff for revocation of grant of letters of administration to the first defendant administrator and appointment of replacement administrator. Another important aspect of the case involved the powers, duties, rights and of trustees, and, in particular, the power to provide for maintenance and advancement of minor beneficiaries. In this case the first defendant administrator used beneficiaries' entitlements to provide for their maintenance and advancement during their minority. The Court found that orders could be made authorising a trustee to apply income of a trust for maintenance, education and advancement of minor beneficiaries - particularly where the plaintiff beneficiary attained majority over 20 years ago and where the first defendant administrator was a single parent with limited source of income. The matter is also referred to under the Practice Area, "Succession and administration of estates" on this web-site and in "Equity and Trusts - Declaratory Relief". One of the interlocutory applications involved an interlocutory application to amend pleadings after several days of hearing.
In this matter claims are made for money said to be owing pursuant to an agreement. The matter also involves claims for security for costs and an application to amend pleadings – see Judgment of Registrar Jones on 22 June 2020).
This interlocutory matter involved a contested application to amend the statement of claim that had been filed in the Supreme Court of Western Australia.
This interlocutory matter involved a question whether a party ought to be given leave to amend their pleadings. The final judgment can be found at Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank of Queensland Limited (ACN 009 656 740) (No17) and 13 related matters [2014] NSWSC 55 and is referred to under the Practice Areas, Banking and Finance and Franchising that are contained on this web-site.
This interlocutory matter involved a question of whether a party ought to be given leave to amend their pleadings. The final judgment can be found at Traderight (NSW) Pty Ltd (ACN 108 880 968) & Ors v Bank of Queensland Limited (ACN 009 656 740) (No 17) and 13 related matters [2014] NSWSC 55 and is referred to under the Practice Areas, Banking and Finance and Franchising that are contained on this web-site.
This matter dealt with an application for leave to amend the pleadings.
This matter involved an application by a representative party, who, together with other group members, were clients of a financial services business conducted by the respondent between 2003 and late 2005 and who, in reliance on advice given by the respondent, invested in one or more financial products described as "Westpoint Products", and who suffered loss as a result. It was contended that the respondent acted negligently, in breach of contract and had engaged in misleading and deceptive conduct. In addition, there were claims made for breach of section 912A of the Corporations Act. These particular proceedings involved an application to rely upon a proposed further amended statement of claim.
This matter involved a debt claim that was alleged to exist in consequence of an equitable assignment of obligations. The matter also included an application to amend a statement of claim and an application for security of costs.
This matter concerned an application for security for costs and an application to amend the pleadings.
This matter involved an application for leave to file an Amended Cross-Summons and an Amended Cross-Claim.
This matter involved a claim for total disablement against an Insurer. As part of the main dispute, a contested application was made for leave to amend the pleadings.
