Dismissing a statement of claim summarily for lack of a cause of action
General Steel Industries Inc v Commissioner for Railways The case of General Steel Industries Inc v Commissioner for Railways (NSW) (1964) HCA 69; 112 CLR 125 reinforces the legal principle that a case may be dismissed summarily if it is manifestly groundless, discloses a case which the court is satisfied cannot succeed or under no possibility can […]
Appealing against a finding of fact | Fox v Percy
The case of Fox v Percy (2003) 214 CLR 118 raised questions of principles as to the approach to be taken by an appellate court when reviewing a trial judge’s finding of fact. It also revisited the principles of serious reservations about the findings of facts, even those based on the credibility of witnesses. Furthermore, […]
Awarding costs | Oshlack v Richmond River Council
In litigation, costs usually follow the event in accordance with Uniform Civil Procedure Rule 681. That is, the successful party is usually awarded costs to be paid by the unsuccessful party. In Oshlack-v-Richmond River Council (1999) 193 CLR 72 the court considered whether litigation that is in the public interest should change the usual rule that costs follow […]
I’ve just received an application to appoint provisional liquidators
An application to appoint provisional liquidators is a document that means the person or company who sent it to you has arranged a court hearing to have your company wound up but is concerned that company assets may be at risk and should be protected until the application is heard. Winding up a company’s financial […]
I’ve just received a Payment Claim
If you have received a payment claim from a builder or contractor who is performing building and construction work for you, or for related goods and services under a construction contract, it means they are seeking a payment from you for the work they have done recently, or the related goods and services that were […]
I’ve just received a Notice of Termination of Lease
If you have received a notice of termination of your commercial or retail shop lease, it means the lessor (landlord) is seeking early termination of the lease. This is clearly a very serious matter requiring your immediate attention if your business is going to be able to continue to trade from the leased premises (property).
