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The Court of Appeal held a s 19 certificate had to be contemporaneous, but rectified the instrument to add the omitted statement and upheld it as valid.
Mpinda v Fair Work Commission (No 2) [2024] FCA 692
The Court determined that no binding settlement agreement was made between the applicant and Western Areas Ltd, and that the third respondent was not liable for negligence.
Willmott v Wilson [2024] NSWDC 20
The District Court found a handwritten 18 September 2018 document was a binding $150,000 loan agreement, rejected alleged oral conditions, and entered judgment for the plaintiff.
The Property Investors Alliance Pty Ltd v C88 Project Pty Ltd (in liq) [2023] NSWCA 291
The Court of Appeal allowed the appeal in part, finding that the Sole Agency Agreement impliedly granted an equitable charge over development units to secure commission, despite failing to prove rectification.
Australian Securities and Investments Commission v Diversa Trustees Limited [2023] FCA 1267
The Federal Court dismissed ASIC’s civil penalty case against Diversa Trustees Limited over alleged failures to stop Bhandari-related sign-ups to YourChoice Super.
Shao v Crown Global Capital Pty Limited [2023] NSWSC 820
The Supreme Court of NSW dismissed a claim against a lender, holding that the plaintiff ratified her husband's unauthorized receipt of loan funds by previously suing him for them.
SWS Lawyers Pty Ltd v Matthew Tumbers [2022] NSWLC 19
The Local Court held Matthew Tumbers liable for one legal invoice under a signed costs agreement, but not for later invoices said to arise from his father’s instructions.
Keybridge Capital Ltd v Bell Potter Securities Ltd [2022] NSWSC 1022
The Supreme Court of NSW dismissed a claim for breach of warranty of authority, finding no binding contract was formed during stockbroking negotiations for Molopo Energy shares.
EB v GB (No 2) [2022] NSWSC 1011
The Supreme Court held that an enduring guardian's authority under the Guardianship Act 1987 (NSW) does not inherently include the power to control or prohibit personal access to the appointor.
Fairfield Pastoral Holdings Pty Ltd v Ridge Estate Pty Ltd (No 4) [2022] FCA 1
Federal Court judgment on misleading conduct, trust indemnity, fraudulent conveyance, secret commissions, and related property and loan disputes.
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