CRIMINAL LAW – Offences – Breaches of load dimensional requirements by consignor and loader.

CRIMINAL LAW – Offences – Breaches of load dimensional requirements by consignor and loader.

CRIMINAL LAW – Offences – Breaches of load dimensional requirements by consignor and loader.

APPEAL AND NEW TRIAL – leave to argue ground of appeal not raised before primary judge – permission to raise argument not advanced at trial – when may new argument be advanced on appeal – expedient in interests of justice to allow new argument – failure to raise argument at trial

TESTATOR’S FAMILY MAINTENANCE – Application by adult able-bodied son – Jurisdictional requirements of Part IV of Administration and Probate Act 1958 (Vic), s 91 – Whether testator had responsibility to provide for claimant’s proper maintenance and support – Failure to make adequate provision.

Tort - Personal injury - Application by plaintiff for judge to review calculation of general damages.

CORPORATIONS – director’s duties – misappropriation of company funds by a director

Claim by plaintiff under Part IV of the Administration and Probate Act 1958 – Plaintiff’s solicitor drew prior will of deceased – Possible misuse of confidential information – Solicitor-client privilege – Duty of loyalty – Restraining solicitor as officer of the court from acting for the plaintiff.

ARBITRATION – Franchise agreement

Costs – plaintiff’s proceeding dismissed – application by the defendant for indemnity costs or uplift to next applicable scale – offer of compromise made by the defendant and rejected by the plaintiff – consideration of principles applicable – application refused.

Catchwords: Provision of quotation for supply of timber and timber related product for use by plaintiff in tender process – whether price comprised a representation in trade or commerce under s 18 of Schedule 2 of the Competition and Consumer Act 2010.

Whether costs of mediation are “costs in the proceeding” – whether mediation by consent relevant – the role of mediation in a proceeding – overarching obligations of parties

TORT - injurious falsehood - where no actual damage alleged due to early grant of injunction to restrain publication - whether pleading discloses any commercial or proprietary interest of the plaintiff to be protected by the relief sought - whether claim in substance one for defamation rather than injurious falsehood.

CONTRACT- guarantee and indemnity - judgement debt - interest on judgment - costs –contractual provision for indemnity costs - discretionary considerations - interest on costs – Calderbank offer –whether unreasonable refusal.

Application for interlocutory injunction – where applicant claims respondent published statements on its website that are misleading and deceptive or likely to mislead or deceive in contravention of s 18 of the Australian Consumer Law.