9 Nov 2023
The draft will was validated because credible evidence established the document embodied the deceased's final testamentary intentions and the circumstances of his death in hospital explained why it remained unsigned, so validation under s 14 of the Wills Act 2007 was warranted.
14 Aug 2023
The Court granted the variation because procedural prerequisites (leave and service) had been satisfied, the territorial authority consented, the majority of affected landowners consented, and the remaining respondents did not oppose; therefore the draft orders were appropriate and were made.
22 Jun 2023
The easement was intended to be temporary and material circumstances changed because neighbouring properties now have road access; no parties opposed the application and the Council supported it; the originating application procedure was appropriate for this unopposed, straightforward statutory s 317 determination; accordingly the Court exercised its discretion under s 317 to modify the easement as sought and confirmed affected parties had been served.
5 May 2023
Because Ms Parker was solvent at the time of adjudication, the Official Assignee discharged the outstanding water and rates obligations, advertised for other creditors with none coming forward, and annulment was plainly in the bankrupt's interests and not prejudicial to creditors, the court granted annulment under s 309(1)(b) and authorised payment of accrued Watercare debts and reasonable remuneration with any surplus returned to Ms Parker.
20 Jun 2022
On the evidence the $21,000 originated with an unidentified person who directed drug supply on a commercial scale; the Court is satisfied on the balance of probabilities the funds are tainted property as proceeds of significant criminal activity; the statutory preconditions in s 50(4) are met (a restraining order in place for at least one year and reasonable efforts to identify interested persons); consequently the Court may amend the forfeiture application to correct the account description and include interest and must make an assets forfeiture order in respect of the funds.
29 Apr 2022
The court exercised its discretion under s 294 to grant immediate discharge because the bankrupt had been adjudicated over eight years prior, the Official Assignee accepted the statement of affairs from 20 August 2021 and did not oppose discharge, the administration was effectively complete, the bankrupt had already been punished for his offending, no ongoing misconduct or risk warranting extension was identified, procedural defects in service/advertising did not prejudice creditors and examination under s 177 was dispensed with; discharge was granted subject to the condition that the bankrup…
17 Nov 2021
On the evidence the plaintiff has a good arguable case on the commission claim, there is an identifiable asset (equity in Lot 23) likely to be converted to sale proceeds, and there is a real risk of dissipation given the respondent's overseas sole shareholder and unpaid prior commissions; balancing overall justice the court granted a limited‑duration without‑notice freezing order in the terms of the filed draft, directed immediate service and listed the matter for on‑notice mention on 9 December 2021.
1 Nov 2021
The Court was satisfied the water ingress damage was substantial, the proposed scheme was sufficiently detailed and broadly supported, retrospective validation was acceptable, a single contract was desirable for efficiency, and the proposed cost allocation was fair; accordingly the Court ordered the scheme settled in terms of the originating application paragraphs 1.1 to 1.4.
29 Jul 2021
Because the reinstatement project was evidenced as complete by New Code Compliance Certificates, notices of completion were served on all affected parties in accordance with the Scheme, and no notices of opposition were filed within the Rule 7.24(1) timeframe, the court was satisfied to exercise its power under s 74(8) of the Unit Titles Act 2010 to discharge the Scheme.
26 Feb 2021
The covenant registered on title should be extinguished and replaced with a clarified modified covenant because the original covenant instrument cannot be located or identified, the draft covenants are largely spent or obsolete given changes since creation and planning controls, and no person would suffer substantial injury from extinguishment while the council's fencing protection was retained in a modified form.