Category Archives: LAW FIRM

R J Pearce & Associates Pty Limited v Mosman Municipal Council [2006] NSWLEC 554

R J Pearce & Associates Pty Limited v Mosman Municipal Council [2006] NSWLEC 554 (4 September 2006).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2006/554.html

Lawyers

1300 00 2088

5 Pearl Bay Avenue, Mosman NSW 2088

Janian v Mosman Municipal Council [2006] NSWLEC 549 (31 August 2006).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2006/549.html

Janian v Mosman Municipal Council

Janian v Mosman Municipal Council [2006] NSWLEC 549 (31 August 2006).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2006/549.html

Mobil Oil Australia Pty Ltd v Trendlen Pty Ltd [2006] HCA 42

ON 30 AUGUST 2006, the High Court of Australia delivered Mobil Oil Australia Pty Ltd v Trendlen Pty Ltd [2006] HCA 42; (2006) 229 ALR 51 (30 August 2006)

The High Court ruled that one petrol retailer could not commence  proceedings to recover invalid petroleum licensing fees on the basis that other retailers would join the proceedings later.

For the same reasons as those expressed in Campbells Cash and Carry Pty Ltd v Fostif Pty Limited [2006] HCA 41; (2006) 229 ALR 58; (2006) 80 ALJR 1441 (30 August 2006), the High Court held that an agreement with a non-party to fund the costs of a party’s legal proceedings in return for reward (ie litigation funding) was not in itself an abuse of process or contrary to public policy.

Lawyers 1300 00 2088

Campbells Cash and Carry Pty Ltd v Fostif Pty Limited [2006] HCA 41

ON 30 AUGUST 2006, the High Court of Australia delivered Campbells Cash and Carry Pty Ltd v Fostif Pty Limited [2006] HCA 41; (2006) 229 ALR 58; (2006) 80 ALJR 1441 (30 August 2006).

The High Court ruled that representative proceedings brought in the Supreme Court of NSW by seven retailers to recover tobacco licence fees from Campbells Cash and Carry Pty Ltd and other tobacco wholesalers were not in accordance with the Court Rules.

The court held that an agreement with a non-party to fund the costs of a party’s legal proceedings in return for reward (ie litigation funding) was not in itself an abuse of process or contrary to public policy.

Lawyers 1300 00 2088

Linney v Mosman Municipal Council

Linney v Mosman Municipal Council [2006] NSWLEC 525 (14 August 2006).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2006/525.html

8 Delecta Avenue, Mosman NSW 2088

Linney v Mosman Municipal Council [2006] NSWLEC 525 (14 August 2006).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2006/525.html

Matar v Neutral Bay Foodhall and Others

Matar v Neutral Bay Foodhall and Others [1996] IRCA 355 (26 July 1996).

http://www.austlii.edu.au/au/cases/cth/IRCA/1996/355.html

Smits v Roach [2006] HCA 36

ON 20 JULY 2006, the High Court of Australia delivered Smits v Roach [2006] HCA 36; (2006) 228 ALR 262; (2006) 80 ALJR 1309 (20 July 2006).

http://www.austlii.edu.au/au/cases/cth/HCA/2006/36.html

The High Court held that the NSW Court of Appeal was correct in holding that the appellant was estopped from raising a conflict of interest as it’s senior counsel had waived the right to object at the start of the proceedings. The High Court held that the appellant was bound by the conduct of it’s senior counsel on the question of waiver.

The court also held that in determining bias on the part of a judicial officer, the appeal court must (1) identify why a judge might have decided the case in a manner other than on its legal or factual merits, and (2) explain the logical connection between the matter complained of and the feared deviation from impartial decision making.

Lawyers 1300 00 2088

Bathers Pavillion, Balmoral Beach

SEATON v. MOSMAN COUNCIL [1996] NSWLEC 195 (19 July 1996).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/1996/195.html