Tag Archives: Mosman Lawyers

Mosman Lawyers

Practice and Procedure

Rippon v Chilcotin [2001] NSWCA 142 | 13 July 2001

ON 13 JULY 2001, the NSW Court of Appeal delivered Rippon v Chilcotin [2001] NSWCA 142 (13 July 2001).

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2001/142.html

The Court of Appeal allowed an appeal by a firm of accountants against the NSW District Court’s decision to refuse to stay and dismiss proceedings brought by a purchaser of a business who had been unsuccessful in earlier proceedings against the vendor.

The Court of Appeal set aside the District Court’s decision and dismissed the purchaser’s proceedings on the grounds that they were an abuse of process.

Lawyers

Sydney, Australia

1300 00 2088

Contract, Mortgage, Property Law

St George Bank – A Division of Westpac Banking Corporation v Diakakis [2014] NSWSC 928

ON 11 JULY 2014, the Supreme Court of NSW delivered St George Bank – A Division of Westpac Banking Corporation v Diakakis [2014] NSWSC 928.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172646

The court granted St George Bank an order for possession of a home unit at Unit 2, 259-261 Maroubra Road, Maroubra as the defendant was unable to demonstrate any unfairness or unjustness.

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Sydney, Australia

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LAW FIRM, Trademarks

Masters Home Improvement Australia Pty Ltd v Bunnings Limited [2014] NZIPOTM 32

Masters Home Improvement Australia Pty Ltd v Bunnings Limited [2014] NZIPOTM 32 (11 July 2014)

Lawyers

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Criminal Law

He Kaw Teh v R [1985] HCA 43 | 11 July 1985

ON 11 JULY 1985, the High Court of Australia delivered He Kaw Teh v R [1985] HCA 43; (1985) 157 CLR 523 (11 July 1985).

http://www.austlii.edu.au/au/cases/cth/HCA/1985/43.html

Even if a statute does not indicate that intent is an element of a grave criminal offence, it is to be presumed that intent is an element to be proved by the prosecution. In cases of possession, knowledge of the goods being in the accused’s custody is a necessary element and therefore knowledge must be proved by the prosecution.

In this case, the accused claimed that he did not know that he was in possession of heroin and therefore did not knowingly bring it into the country in contravention of the Customs Act.

Finding that the provision required proof of knowledge and intent, the court allowed the appeal and remitted the case back to determine the questions of knowledge and intent in accordance with the High Court’s judgment.

Lawyers

Sydney, Australia

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Planning Law

Samadi Developments Pty Limited v City of Sydney Council [2014] NSWLEC 1138

ON 11 JULY 2014, the NSW Land and Environment Court delivered Samadi Developments Pty Limited v City of Sydney Council [2014] NSWLEC 1138.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172691

Sydney City Council had refused a development application for two three bedroom units at 517-527 Elizabeth Street, Surry Hills. The Land and Environment Court upheld an appeal against the decision, granting the consent subject to conditions.

Lawyers

Sydney, Australia

1300 00 2088

De Facto relationships, Family Law

Jones v Grech [2001] NSWCA 208 | 10 July 2001

ON 10 JULY 2001, the NSW Court of Appeal delivered Jones v Grech [2001] NSWCA 208 (10 July 2001).

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2001/208.html

The parties had been involved in a series of de facto relationships with each other over a 32 year period. The Supreme Court made a property adjustment order that took into consideration contributions made only in the last period of cohabitation.  On appeal, the Court of Appeal held that contributions made prior to the last period of cohabitation could be considered.

Lawyers

Sydney, Australia

1300 00 2088

Family Law, Family provision, Succession

Bayssari v Bazouni [2014] NSWSC 910

ON 9 JULY 2014, the Supreme Court of NSW delivered Bayssari v Bazouni [2014] NSWSC 910 (9 July 2014).

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/910.html

The plaintiff made an application under s59 of the Succession Act 2006 seeking provision to be made out of the estate of his maternal uncle’s late wife.

On the facts, the court found that whilst the plaintiff was a member of the deceased’s household, he was not wholly or partly dependant on the deceased nor did he have a close personal relationship with her. His claim was dismissed and he was ordered to pay costs.

Lawyers

Sydney, Australia

1300 00 2088

Family Law

NHC & RCH [2004] FamCA 633 | 9 July 2004

ON 9 JULY 2004, the Family Court of Australia delivered NHC & RCH [2004] FamCA 633 (9 July 2004).

http://www.austlii.edu.au/au/cases/cth/FamCA/2004/633.html

The decision discusses the principles to be applied with regards to adding back post-separation expenditure in a property settlement.

Lawyers

Sydney, Australia

1300 00 2088

Administrative Law, Guardianship

PZ v NSW Trustee and Guardian [2014] NSWCATAD

ON 23 APRIL 2014, the NSW Civil and Administrative Tribunal delivered PZ v NSW Trustee and Guardian [2014] NSWCATAD 91.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172584

The tribunal refused and dismissed an application by the daughter of a dementia sufferer to review a decision by the NSW Trustee and Guardian refusing funds to be made available for the purchase of a property as a residence for the father and daughter.

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Defences, Legal Aid, Pleadings

Westpac Banking Corporation v Channel 8 Holdings Pty Ltd (No 2) [2014] NSWSC 912

ON 8 JULY 2014, the NSW Supreme Court delivered Westpac Banking Corporation v Channel 8 Holdings Pty Ltd (No. 2) [2014] NSWSC 912.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172576

The court extended a reference for pro bono assistance to the defendant for the preparation and conduct of the hearing as the defences pleaded involve some degree of technicality and require legal knowledge.

Lawyers

Sydney, Australia

1300 00 2088