The government is urging all adults in England and Wales to download the NHS covid-19 smartphone app as an additional way of tackling the spread of the virus.However, experts have questioned how… Article source: http://feeds.bmj.com/~r/bmj/recent/~3/MwsXoY9Vk_s/bmj.m3751.short
Month: September 2020
Grandview Ausbuilder Pty Ltd v Budget Demolitions & Excavations Pty Ltd (No 2) [2020] NSWSC 1307 (25 September 2020) (Henry J)
Catchwords: CIVIL PROCEDURE – Pleadings – Striking out – No reasonable cause of action or defence – Tendency to cause embarrassment – whether plaintiff’s claims should be struck out or dismissed – where plaintiff claims liquidated damages for delay, damages for failure to complete contract works, restitution for overpayments and an entitlement to set-off debts…
Lewis v Lewis [2020] NSWSC 1306 (25 September 2020) (Parker J)
Catchwords: SUCCESSION – contested probate – testamentary capacity – soundness of mind, memory and understanding – litigious dispute between testator and family members concerning restructuring of family investments – testamentary provisions giving control of family companies, unit trust and discretionary trusts – testamentary provisions for claw-back of monies from bequests to beneficiaries – knowledge and…
HALL v CARNEY & ORS (No 3) [2020] SASC 177 (24 September 2020) (Judgment Of The Honourable Justice Stanley)
Catchwords: LIMITATION OF ACTIONS – LIMITATION OF PARTICULAR ACTIONS – TRUSTS AND DECEASED ESTATES – STATUTORY PROVISIONS IN TRUSTEE ACTS LIMITATION OF ACTIONS – LIMITATION OF PARTICULAR ACTIONS – TRUSTS AND DECEASED ESTATES – ACTIONS AGAINST DECEASED ESTATES SUCCESSION – ADMINISTRATION OF ESTATE – DISTRIBUTION – OTHER MATTERS https://jade.io/viewArticle.html?aid=767196&pid=-1&h=1502666671
Inside America.
New Statesman; 09/25/2020(AN 146046713); ISSN: 13647431Academic Search Complete Article source: https://search.ebscohost.com/login.aspx?direct=true&AuthType=sso&db=a9h&AN=146046713&site=ehost-live&custid=s2775460
1155 Nepean Highway Pty Ltd v Promax Buildings Pty Ltd [2020] VSCA 253 (25 September 2020) (Beach, Kyrou and McLeish JJA)
Catchwords: ADMINISTRATIVE LAW – Judicial review – Adjudicator’s determination under Building and Construction Industry Security of Payment Act 2002 – Applicant failed to provide payment schedule in response to builder’s payment claim and barred from providing adjudication response – Whether adjudicator impermissibly drew adverse inference that applicant incapable of credibly challenging payment claim – Permissible…
Jonval Builders Pty Ltd v Commissioner for Fair Trading [2020] NSWCA 233 (25 September 2020) (Bathurst CJ at [1]; Meagher JA at [2]; Leeming JA at [3].)
Catchwords: CONSUMER LAW – enforcement and remedies – compensation orders – proceedings brought by Commissioner on behalf of consumers – consumers purchased moveable dwellings and entered into occupation agreements with respondents – appellants represented that terms of agreements preventing permanent residence would not be enforced – permanent residence precluded by development consent – no challenge…
Meetfresh Franchising Pty Ltd v Ivanman Pty Ltd [2020] NSWCA 234 (25 September 2020) (Bell P at [1]; Macfarlan JA at [2]; Meagher JA at [47])
Catchwords: CONTRACTS – breach of contract – whether force majeure clause excused the appellant’s breaches – appellant bore the onus of establishing the applicability of the clause – clause provided an exception to, rather than a qualification of, the appellant’s promises CONTRACTS – damages – whether damages for wasted expenditure or reliance damages can only…
SEC Charges BMW for Disclosing Inaccurate and Misleading Retail Sales Information to Bond Investors
The Securities and Exchange Commission today announced settled charges against Germany-based automaker BMW AG and two of its U.S. subsidiaries for disclosing inaccurate and misleading information about BMW’s retail sales volume in the U.S. while raising… Article source: https://www.sec.gov/news/press-release/2020-223
Engine Manufacturing Company to Pay Penalty, Take Remedial Measures to Settle Charges of Accounting Fraud
The Securities and Exchange Commission today announced that Chicago-area engine manufacturing company Power Solutions International Inc., has agreed to settle accounting fraud charges related to the company’s overstatement of revenues by almost $25… Article source: https://www.sec.gov/news/press-release/2020-222