EQUITY - loan agreement - specific performance.

CONTRACT – guarantee given by former de facto partner – whether unconscionable conduct by lender.

CONTRACTS – appeal from dismissal of a cross-claim pleading that heavy earth-moving equipment sold was not fit for its intended purpose or of merchantable quality.

These are proceedings for injurious falsehood arising out of the publication of a large number of emails concerning the plaintiff posted on two wikifrauds websites. The plaintiff is a property developer based in New Zealand. The first defendant is alleged to be the registrant of the two domain names in question, "wikifrauds.net/NevilleMahon.html" and "wikifrauds.diariobit.es/NevilleMahon.html" ("the websites"). The second defendant is a director of the first defendant and the sole editor of the websites. The third defendant is alleged to be the present proprietor of the websites.

These are proceedings for injurious falsehood arising out of the publication of a large number of emails concerning the plaintiff posted on two wikifrauds websites. The plaintiff is a property developer based in New Zealand. The first defendant is alleged to be the registrant of the two domain names in question, "wikifrauds.net/NevilleMahon.html" and "wikifrauds.diariobit.es/NevilleMahon.html" ("the websites"). The second defendant is a director of the first defendant and the sole editor of the websites. The third defendant is alleged to be the present proprietor of the websites.

These are proceedings for injurious falsehood arising out of the publication of a large number of emails concerning the plaintiff posted on two wikifrauds websites. The plaintiff is a property developer based in New Zealand. The first defendant is alleged to be the registrant of the two domain names in question, "wikifrauds.net/NevilleMahon.html" and "wikifrauds.diariobit.es/NevilleMahon.html" ("the websites"). The second defendant is a director of the first defendant and the sole editor of the websites. The third defendant is alleged to be the present proprietor of the websites.

CONTRACTS – commercial agreement – breach of a joint venture agreement relating to the sale and repurchase of earth-moving equipment - misleading and deceptive conduct – goods – fit for purpose – merchantable quality.

CONTRACTS – commercial agreement – breach of a joint venture agreement relating to the sale and repurchase of earth-moving equipment - misleading and deceptive conduct – goods – fit for purpose – merchantable quality.

BANKRUPTCY – Appeal from sequestration order – where federal magistrate refused to adjourn creditor’s petition – federal magistrate allowed the creditor’s petition to be amended to correct judgment date and dispensed with service of the amended petition – federal magistrate refused to receive bankrupt’s evidence where bankrupt required for cross-examination on her affidavits but did not attend – whether grounds of appeal disclose any appealable error.

The facts of this case are so fantastic as to strain credulity but they are true. In October 2007 Dr Wallman was a recently divorced, middle-aged obstetrician and gynaecologist with adult children. He approached an introduction agency on the Gold Coast known as Hearts United (the third defendant) seeking love and companionship. On 4 November 2007 he signed an agreement with Hearts United the terms of which seem somewhat one-sided. For a consideration of $200,000 Hearts United promised to provide Dr Wallman, during a three year period, with a personal relationship consultant who would provide him with introductions. The only other services promised were "photo-viewing services" and an "escape package" to the Gold Coast.

The facts of this case are so fantastic as to strain credulity but they are true. In October 2007 Dr Wallman was a recently divorced, middle-aged obstetrician and gynaecologist with adult children. He approached an introduction agency on the Gold Coast known as Hearts United (the third defendant) seeking love and companionship. On 4 November 2007 he signed an agreement with Hearts United the terms of which seem somewhat one-sided. For a consideration of $200,000 Hearts United promised to provide Dr Wallman, during a three year period, with a personal relationship consultant who would provide him with introductions. The only other services promised were "photo-viewing services" and an "escape package" to the Gold Coast.

CORPORATIONS – oppression – majority ordered to purchase shares – value of shares – date of valuation – valuation methodology – fairness – business value – share value – future maintainable earnings – non-business liabilities – arm’s length price a third party purchaser would pay for shares – value of net tangible assets as cross-check.

Domestic Building – costs plus contract – no reasonable estimate by the builder of the total amount of money the builder is likely to receive under the contract given – consequences – s.13(2) Domestic Building Contracts Act 1995 – application – whether reasonable to allow cost of work plus reasonable profit – relevant matters

Domestic Building – costs plus contract – no reasonable estimate by the builder of the total amount of money the builder is likely to receive under the contract given – consequences – s.13(2) Domestic Building Contracts Act 1995 – application – whether reasonable to allow cost of work plus reasonable profit – relevant matters

Domestic Building – costs plus contract – no reasonable estimate by the builder of the total amount of money the builder is likely to receive under the contract given – consequences – s.13(2) Domestic Building Contracts Act 1995 – application – whether reasonable to allow cost of work plus reasonable profit – relevant matters

Domestic Building – costs plus contract – no reasonable estimate by the builder of the total amount of money the builder is likely to receive under the contract given – consequences – s.13(2) Domestic Building Contracts Act 1995 – application – whether reasonable to allow cost of work plus reasonable profit – relevant matters

Domestic Building – costs plus contract – no reasonable estimate by the builder of the total amount of money the builder is likely to receive under the contract given – consequences – s.13(2) Domestic Building Contracts Act 1995 – application – whether reasonable to allow cost of work plus reasonable profit – relevant matters.