Pike & Anor v. Tighe & Ors
Case No.
B33/2017
Case Information
Lower Court Judgment
23/12/2016 Supreme Court of Queensland (Court of Appeal) (Fraser J, Morrison J, Philippides J)
Catchwords
Real property – Statutory interpretation – Sustainable Planning Act 2009 (Qld) – Where second respondent granted approval for reconfiguration of original lot into Lots 1 and 2 – Where approval subject to condition that easement for “pedestrian and vehicle access, on-site manoeuvring and connection of services and utilities” be registered for benefit of Lot 2 – Where registered easement does not permit “on-site manoeuvring and connection of services and utilities” – Where first respondents registered owners of Lot 1 and appellants registered owners of landlocked Lot 2 – Whether Court of Appeal erred in concluding that power to make enforcement order under s 604(1) arose only upon Planning and Environment Court being satisfied that first respondents committed development offence against s 580(1) – Whether Court of Appeal erred in failing to conclude that condition of development approval imposed continuing obligation despite reconfiguration approval by registration of survey plan.
Documents
16/06/2017 Hearing (SLA, Sydney)
30/06/2017 Notice of appeal
07/07/2017 Submitting appearance (Second Responent)
24/07/2017 Written submissions (Appellants)
24/07/2017 Chronology (Appellants)
17/08/2017 Written submissions (First Respondent)
17/08/2017 Chronology (First Respondent)
31/08/2017 Reply
08/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
14/03/2018 Judgment (Judgment summary)
Clone Pty Ltd v. Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) & Ors
Case No.
A22/2017 and A23/2017
Case Information
Lower Court Judgment
8/12/2016 Supreme Court of South Australia (Blue J, Stanley J, Debelle AuJ)
Catchwords
Procedure – Jurisdiction to set aside judgment – Whether power of Supreme Court to set aside perfected orders in its equitable jurisdiction extends to malpractice not amounting to fraud – Where document lodged by first respondent was contained in files of fifth respondent – Where primary judge found that appellant’s legal advisers engaged in “serious malpractice” by recklessly failing to discover document – Where primary judge found that first respondent failed to exercise reasonable diligence in searching for document – Where primary judge ordered new trial on basis that there was “real possibility” that issue would have been decided differently – Whether Court of Appeal erred in formulation and application of principles that inform jurisdiction to set aside perfected judgment on ground of malpractice for failure to disclosure document.
Documents
16/06/2017 Hearing (SLA, Melbourne v/link Adelaide)
29/06/2017 Notice of appeal
06/07/2017 Submitting appearance (Fifth Respondent)
21/07/2017 Written submissions (Appellant)
21/07/2017 Chronology (Appellant)
21/07/2017 Written submissions (Sixth Respondent)
11/08/2017 Written submissions (First to Fourth Respondents)
23/08/2017 Reply
13/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
21/03/2018 Judgment (Judgment summary)
BRF038 v. Republic of Nauru
Case No.
M28/2017
Case Information
Lower Court Judgment
22/02/2017 Supreme Court of Nauru (Crulci J)
Catchwords
Refugees – Refugee Status Review Tribunal (Nauru) – Whether discrimination amounted to persecution - Degrading treatment sufficient for enliven complementary protection – Rules of natural justice and procedural fairness complied with – Appeal dismissed by Supreme Court of Nauru
Documents
08/03/2017 Notice of appeal
12/04/2017 Written submissions (Appellant)
12/04/2017 Chronology (Appellant)
10/05/2017 Written submissions (Respondent)
24/05/2017 Reply (Appellant)
08/09/2017 Hearing (Full Court, Melbourne)
18/10/2017 Judgment (Judgment summary)
HFM045 v. Republic of Nauru
Case No.
M27/2017
Case Information
Lower Court Judgment
22/02/2017 Supreme Court of Nauru (Crulci J)
Catchwords
APPEAL - Refugees – Refugee Status Review Tribunal – Whether all the integers of the claim considered – error in law – Tribunal followed principles of natural justice and procedural fairness section 22 of Refugees Convention Act 2012 – Appeal Dismissed
Documents
08/03/2017 Notice of appeal
12/04/2017 Written submissions (Appellant)
12/04/2017 Chronology (Appellant)
10/05/2017 Written submissions (Respondent)
24/05/2017 Reply (Appellant)
14/09/2017 Hearing (Full Court, Melbourne)
15/11/2017 Judgment (Judgment summary)
MEG027 & Anor v. Republic of Nauru
Case No.
M21/2017
Case Information
Lower Court Judgment
7/02/2017 Supreme Court of Nauru (Khan J)
Catchwords
Whether Tribunal fell into error by failing to consider the appellant’s evidence that her ex-husband will take custody of their son upon her return to Iran - whether the Tribunal was in breach of section 34 for failing to set out or refer to the evidence or other material on which it based its finding.
Documents
21/02/2017 Notice of appeal
28/03/2017 Written submissions (Appellants)
28/03/2017 Chronology (Appellants)
20/04/2017 Written submissions (Respondent)
04/05/2017 Reply (Appellants)
06/09/2017 Consent to vacate hearing
13/09/2017 Hearing (Full Court, Melbourne) - VACATED
10/10/2017 Consent
24/10/2017 Hearing (Full Court, Melbourne)