Latest decisions of interest

21 May – 1 June 2018

NSW Court of Appeal

Auburn Shopping Village Pty Ltd v Nelmeer Hoteliers Pty Ltd [2018] NSWCA 114
Equity: remedies, relief against forfeiture
The Court of Appeal has upheld a finding that a company was not entitled to relief against forfeiture of its interest in certain permits, after the sale agreement giving effect to the option to purchase the permits was validly terminated by the seller.
Benson v Rational Entertainment Enterprises Ltd [2018] NSWCA 111
Contracts: construction of terms; unjust enrichment; precedent
The Court of Appeal has considered the status of a principle expressed in a High Court case with no ratio decidendi with respect to unjust enrichment, in the course of resolving a contractual dispute.

Other Australian intermediate appellate decisions

Robinson v 470 St Kilda Road Pty Ltd [2018] FCAFC 84
Consumer law: misleading and deceptive conduct; proportionate liability
The Full Court of the Federal Court has dismissed an appeal by a corporate officer against findings of liability and the extent of damages awarded for misleading and deceptive conduct stemming from a false statutory declaration as to the payment of sub-contractors.
Leda Commercial Properties Pty Ltd v Brenda Hungerford Pty Ltd [2018] ACTCA 17
Misleading and deceptive conduct; case not on the pleadings
The Australian Capital Territory Court of Appeal has allowed an appeal against a finding of liability based on an argument not raised on the pleadings or acquiesced to by the impugned parties at trial.

Asia Pacific

Maeke v Pukuvati [2018] SBCA 1
Standing: entitlement to bring proceedings in custom; trusts
The Court of Appeal of the Solomon Islands has allowed an appeal against a finding that two individuals lacked standing to bring a claim against the trustees who held land on trust for the members of certain tribes.
Otei v Smanderang [2018] PWSC 4
Remedies: compensatory damages
The Supreme Court of Palau has upheld a decision not to award compensatory damages on the basis that the appellants did not base their claim for damages on any specific form of action that would entitle them to monetary relief.

Other international

Epic Systems Corp v Lewis, No 16-285 (2018)
Arbitration: employment agreements requiring individualised proceedings
The United States Supreme Court has found that arbitration agreements requiring individualised proceedings are enforceable, such that the employees as bound could not pursue claims through class or collective actions.
Navigators Insurance Company Limited v Atlasnavios-Navegacao LDA [2018] UKSC 26
Insurance: scope of indemnity under marine insurance contract
The United Kingdom Supreme Court has found that the confiscation of a vessel by authorities after it was used by third parties for drug smuggling was not the kind of loss which was covered by standard marine insurance clauses.