Verisimilitude

The son in financial difficulty who uses his mother’s property as security for a loan is a well known recipe for a dispute with the bank about unfair or unconscionable conduct. That was the case in Permanent Mortgages v Vandenbergh [2010] WASC 10. The trial...

Shades of Lord Denning

Lord Denning is well known for his storytelling style of judgment writing. The opening words of Lloyds Bank v Bundy [1975] QB 326 always make me smile: “Broadchalke is one of the most pleasing villages in England. Old Herbert Bundy, the defendant, was a farmer...

Ethics in Action

  Henrik Jan van Es was added to the roll of legal practitioners in NSW on 17 February 2012. Henrik Jan van Es was removed from the roll of legal practitioners in NSW on 5 June 2014. So why did the Court of Appeal find that he was not a person of good fame and...

Queen’s English

In November 2009, Luke Webster was summarily dismissed from his position as a teacher (of adult students whose first language was not english) at Mercury Colleges Pty Ltd in Sydney. The basis for the dismissal was gross misconduct arising after the Director of...

Barbarians

Andrew Kostopoulos (a member of my chambers) has been appearing at ICAC (in the enquiry that resulted in the premier’s resignation). On the morning of 7 April 2014, after inviting colleagues to a Hellenic Filoxenia, he raised the following issue: “Second...