Body Corporate Repairers Pty Ltd v Oakley Thompson & Co Pty Ltd [2017] VSC 435 (31 July 2017): statutory demand, application to set aside, offsetting claim, reliance on judgment and costs orders, claim of abuse of process

August 16, 2017

The Supreme Court, per Randall AsJ, in Body Corporate Repairers Pty Ltd v Oakley Thompson & Co Pty Ltd [2017] VSC 435 considered what was always going to be an ambitious application to set aside a statutory demand which relied on a judgment debt.

FACTS

The litigation between the parties was protracted and hard fought in multiple proceedings in the Supreme Court. The history of how things ended up with a statutory demand is necessarily long and involved.

In 2002, the plaintiff, Bodycorp Repairers Pty Ltd (‘Bodycorp’), commenced proceedings against Maisano, in the Federal Court alleging breach of a franchise agreement and inducing breach of contract (the ‘Bodycorp proceeding’) [9]. In 2005, the Bodycorp proceeding was transferred to the Supreme Court of Victoria. Oakley Thompson acted for Maisano in the Bodycorp proceeding between 2004 and 2010 and then from March 2012 until the completion of trial [11]. Bodycorp lost and Maisano obtained a cost order in his favour [11]. An appeal to the Court of Appeal was dismissed and an application for special leave to the High Court was refused. Pursuant to a cost orders made in the Bodycorp proceeding, Maisano commenced proceedings in the Costs Court [12]. Maisano terminated Oakley Thompson’s retainer following a dispute over outstanding legal fees.  Oakley Thompson responded by issuing proceedings against Maisano seeking a declaration that it had an equitable lien over the costs judgment held by Maisano and that Oakley Thompson was entitled to have those costs taxed [13]. The Court found in favour of Oakley Thompson and held that it was entitled to have those costs taxed and  prosecute the taxation in the Costs Court. Read the rest of this entry »

Data breach of medical information from West Australian Government laboratory

Human error, frailty or just plain old fashioned misbehaviour remains a huge problem for maintaining data security.  As a recent Beazley report on data breaches highlighted that while ransomeware attacks attract the headlines accidental acts or omissions are a major cause of data breaches.  They account for 30% of breaches, slightly Read the rest of this entry »

Theft of ANZ executive’s identity and its use to obtain Westpac loan highlights parlous privacy practices and compliance

August 13, 2017

The Australian Financial Review in ANZ executive’s identity stolen and used for $30,000 Westpac loan highlights the chronically poor state of privacy protection by many businesses and the culture of non compliance. The likely scam was simple, an Read the rest of this entry »

Wilson v Bauer Media (Ruling No 5) [2017] VSC 355 (21 June 2017): application

As part of the rich vein of rulings and law that attend the Rebel Wilson case His Honour Dixon J considered an application by the Plaintiff to suppress publication of financial details she received from film contracts in  Wilson v Bauer Media (Ruling No 5) [2017] VSC 355 

FACTS

The plaintiff applied pursuant Read the rest of this entry »

United Kingdom to criminalise re identifying anonymised personal information and give consumers greater rights on how their information is processed

August 10, 2017

The United Kingdom Government has announced  a major reform to its data security legislation.  The package of measures to be legislated Read the rest of this entry »

Wilson v Bauer Media (Ruling No 6) [2017] VSC 356 (27 July 2017): defences of triviality and partial justification, removed from the jury

August 8, 2017

The rebel Wilson case, known to nerdy lawyer types as Wilson v Bauer Media, is the gift that keeps on giving in providing rulings related to the running of defamation trials. It was a hard fought, taken many points type of case.  That meant lots of arguments on points of law. In Wilson v Bauer Media (Ruling No 6) [2017] VSC 356 the court considered and ruled on the defence of triviality and partial justification.

DECISION

Triviliaty

The Plaintiff sought to have the defence of triviality not go to the jury.  The defendants pleaded Read the rest of this entry »

HBO loses programming in cyber attack

August 1, 2017

It is no longer news that intellectual property is a lucrative and high status target for hackers.  And entertainment ip, such as films, is particularly sought after .  In 2014 Sony was hacked, probably by North Korea, and lost a huge trove of data, including personal information, highly embarrassing email communications and also some films which had been yet to be released.  Earlier this year Netflix was hacked and 10 episodes of Orange is the New Black was stolen and leaked on line after Read the rest of this entry »

What the growth of WhatsApp and decline of Twitter reveal about consumers appetite for privacy

July 30, 2017

The Wired in Privacy Isn’t Dead. It’s More Popular Than Ever highlights what researchers and privacy practitioners have long known, that people do value their privacy and when given the opportunity will protect it.  The Pew Research Center in the 2015 report titled  Read the rest of this entry »

E commerce consumers in Asia Pacific region have little confidence in online security

Confidence is critical for an economy to function properly.  Traditionally that has meant that confidence that a legal system is impartial and efficient, confidence that contracts are enforceable and that confidence that property rights are secure from arbitrary confiscation.  In the digital economy the other confidence is that data is secure, personal information is not misused and that electronic communication is free from intrusion and unrestrained surveillance.

In a recent Internet Society Survey on Policy issues in Asia Pacific 2017 the results show that there is a distinct lack of confidence in Read the rest of this entry »

Power firms on alert about potential hacks on power firms

For those with a long term interest and involvement in privacy and data security the danger of cyber attacks on utilities and vital infrastructure is well known.  And to an extent it has come to pass, with Read the rest of this entry »