Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 18: 1 On 1 December 2023 the Victorian Civil and Administrative Tribunal ('VCAT') determined that a used-car dealer was liable for breaching the statutory guarantee, imposed by s 54(1) of the Australian Consumer Law,[1] that a car it sold be of 'acceptable quality'. The RACV, engaged on behalf of the purchaser to inspect the car, had not identified any problems prior to purchase. The dealer does not h...
Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 18: 1. This proceeding concerns the enforcement of costs orders made in favour of the plaintiffs against the second defendant, Mr Giurina on 30 July 2018 in S CI 2018 00168, which were taxed by the Costs Court on 6 December 2018 ('Costs Orders').[1] A warrant of seizure and sale in respect of the Costs Orders has been issued ('Warrant'),[2] but the Sheriff has reported that a search of the Warrant add...
Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 18: 1 In June 2022, the Director of Public Prosecutions decided to take over a private prosecution commenced by Zenaan Harkness against Benjamin Banks in the Magistrates' Court of Victoria. At a committal case conference on 16 June 2022, the Director was represented by a solicitor from the Office of Public Prosecutions, who advised the magistrate that she was instructed to withdraw all of the charges....
Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 15: 1 This dispute involves an objection by the plaintiff and the recipient to two subpoenas issued by the defendant. What is unusual is that both subpoenas have been issued by the defendant in support of its application that the judge managing the proceeding should disqualify himself for apparent bias. 2 The proceeding is a class action in which the lead plaintiff alleges that by reason of the defen...
Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 15: 1 At hearing on 11 November 2024 the parties argued those aspects of orders that had not been agreed to give effect to the reasons of the Court in Lombardo v Dermatology and Cosmetic Surgery Services Pty Ltd [2024] VSC 608 (the reasons). Largely, the contentious matters related to the costs of the applications. The first defendant raised issues with being required to file an amended defence prior ...
Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 15: 1 In 2022, Dr Haque issued proceedings in tort against the State of Victoria, three named Victorian Police Officers, and two unidentified persons alleged to have acted on behalf of the police or the sheriff. The claims related to events on 12 February 2010 when he was arrested at his home and taken to Footscray police station (the 2010 arrest), and on 3 February 2012 when he was arrested at his ho...
Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 15: 1 This in an application by the plaintiff to remove a caveat pursuant to s 90(3) of the Transfer of Land Act 1958 (Vic) ('TLA'). The caveat sought to be removed is registered on behalf of the first defendant in dealing number AX654586U ('Caveat') over the land previously known as Lot 1, Walker Street, Koo Wee Rup in the State of Victoria and now known as 6 Walker Street, Koo Wee Rup in the State o...
Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 15: 1 These reasons answer two questions referred by Ierodiaconou AsJ on 22 October 2024 pursuant to r 77.04(3) of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) (the Rules). Her Honour was to hear an application by Mr John O'Connor (the plaintiff) on 23 October 2024 to set aside a settlement deed dated 15 January 2018 between the plaintiff and the Trustees of the Christian Brothers (the...
Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 14: 1 I heard an application for bail by Makia McLaughlin ('the applicant') on 12 November and granted her bail. These are my reasons. 2 The applicant is charged with a number of offences which are alleged to have occurred on 11 October 2024: (a) Recklessly cause injury; (b) Contravene Interim Personal Safety Intervention Order ('PSIO'); (c) Discharge missile to cause injury or danger; (d) Unlawf...
Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 14: 1 The plaintiff and first defendant by counterclaim, SM Nazmus Shadat ('Mr Shadat'), is the owner of 38 of the 100 issued shares in the third defendant and plaintiff by counterclaim, ANIT Australia Pty Ltd ('ANIT'). The first defendant, MD Imtiaj Rahman ('Mr Rahman'), also owns 38 shares. The remaining 24 shares are owned by the second defendant, MD Abu Huraira ('Mr Huraira'). 2 ANIT was incorpor...