Proper Construction

It is not uncommon to encounter claims for rectification based on the “proper construction” of a document.  Saxby Soft Drinks v George Saxby Beverages [2009] NSWSC 1486, was one of those cases and Brereton J was asked to make a declaration as to the...

Curtain Call

This morning, I attended the retirement ceremony for Justice Peter Young in the NSW Supreme Court. Many amusing and interesting anecdotes were told this morning and the speeches will eventually be posted on the Supreme Court website. Apart from his views on equity, I...

Conduct Unbecoming

Many readers would be aware that there are a number of cases winding their way through the court system involving former clients of the firm Keddies making allegations of overcharging. In one of those cases, contempt proceedings were commenced in relation to an...

Overarching (riding) Purpose

It is now a month since the start of the 2012 law term and hostilities (in civil litigation) have well and truly resumed. Having already had matters in both state and federal jurisdictions I was reflecting on the “subtle” differences in the case management...

Just not cricket

As summer holidays fade away I was contemplating my days at both the Sydney test match (cricket) and the Australian Open (tennis) and looking (and laughing) at the differences in the terms and conditions for both events. The following are not allowed into Melbourne...

Stitched Up in the High Court

I did battle this week with a self represented person who was trying to get their special leave application re-instated in the High Court. They needed re-instatement because they failed to comply with High Court Rule 41.10. That rule which I set out below (complete...