Civil Judgments 2011
Selected judgments handed down in the general Civil Jurisdiction of the Magistrates' Court of Victoria during 2011:
| Condliffe and Anor v Coutts Pastoral Pty Ltd | Magistrate P Lauritsen Hearing at: Bendigo (sitting at Melbourne) Date of Decision: 29 April 2011 Reasons for Decision Breach of Contract - lease of farming land - dispute over water entitlement - whether payment of water fees was condition precedent - whether irrigation water pump to be in working condition at lease commencement - whether failure to mitigate loss proven on facts - determinatin of compensable damages and restitution. |
| Delta Group Industries Australia v Pho Bo Ga Mekong Vietnam | Magistrate P Lauritsen Hearing at: Melbourne Date of Decision: 21 November 2011 Reasons for Decision Contractual agreement, and terms of – plaintiff claiming damages arising from rescission of contract – defendant counterclaiming for deposit and associated expenses – Trade Practices Act 1974, ss 66, 71, 82, 87 – Goods Act 1958, s 19 implied conditions – whether goods of merchantable quality and fit for purpose. |
| Elliott v Legal Services Board | Magistrate P Lauritsen Hearing at: Melbourne, 10 February 2011 Date of Decision: 10 February 2011 Reasons for Decision Appeal against decision of the Legal Services Board - jurisdiction of court - s.3.6.23 of Legal Profession Act 2004 - s.100 of Magistrates' Court Act 1989. |
| Emmanant Pty Ltd v Ballantyne and Anor | Magistrate P Lauritsen Hearing at: Melbourne Date of Decision: 27 October 2011 Reasons for Decision Civil Procedure Act 2010, ss 20, 21, 25, 26, 29 – overarching obligations in civil proceeding – non-appearance on behalf of defendants at court – application by defendants for reimbursement of costs paid to plaintiff – whether the plaintiff breached certain overarching obligations – Anshun estoppel – court’s discretion to order costs – application dismissed. |
| Junction Press (in liq) and Ors v Geon Australia | Magistrate P Lauritsen Hearing at: Melbourne Date of Decision: 17 August 2011 Reasons for Decision Corporations Act 2001, ss 588FE(2), 588FF and 588FG(2) – corporation in liquidation – whether transactions of corporation voidable in circumstances – repayments – unfair preferences – whether reasonable grounds for suspicion of corporation’s insolvency at time of relevant transactions. |
| Maintenance Worx Pty Ltd v Semple | Magistrate P Lauritsen Hearing at: Melbourne, 24-25 November 2010 Date of Decision: 15 March 2011 Reasons for Decision Plumbing works on property - dispute as to nature of agreement between parties - construction of contract - claim for outstanding debt - manner in which agreement terminated - whether opportunity given for rectification of defective workmanship. |
| Milllenium Support Computer Solutions Pty Ltd v Axsiom Australia Pty Ltd and Anor | Magistrate P Lauritsen Hearing at: Melbourne Date of Decision: 11 May 2011 Reasons for Decision Costs applications following decision - Bullock and Sanderson orders - factors relating to aware of costs orders. |
| Morgan Consulting v Geoff Hannan Group | Magistrate P Lauritsen Hearing at: Melbourne Date of Decision: 6 December 2011 Reasons for Decision Magistrates’ Court General Civil Procedure Rules 2010, rr 47.04, 47.05 – application made by the defendant for the separate hearing of a question in the proceeding – offer made to settle the claim on behalf of the plaintiff – whether the plaintiff’s claim was compromised – rejection of the plaintiff’s offer due to the defendant’s subsequent request for costs. |
| Seoud v Seoud | Magistrate S. Garnett Hearing at: Melbourne, 7 April 2011 Date of Decision: 15 April 2011 Reasons for Decision Oral contract - loan of $15,000 - part payment of $1,000 - Limitation of Actions Act 1958 ss. 5, 25 and 27 - deceit - unjust enrichment: Claim is statute barred. |
| Vascon and Vascon v Kearney | Magistrate P Lauritsen Hearing at: Melbourne, 24-25 February 2011 Date of Decision: 4 March 2011 Reasons for Decision Contract of sale of real estate - whether monies exchanged between parties provided as loan or deposit - issue of signed contract of sale - repudiation of contract. |