• Liquidator’s pre-appointment remuneration representations not misleading or deceptive if based on limited information - In this recent decision from the Federal Court, a liquidator’s pre-appointment representations regarding capping his costs were found not to have been misleading or deceptive despite the actual fees vastly exceeding the costs cap. McElwaine J found that the liquidator’s representations were based on a limited set of information provided to him and that the tasks ultimately required of him were materially greater in extent and complexity than had been disclosed to him pre-appointment. Moray and Agnew acted for the liquidator in respect of the cross claim, which was dismissed with costs.
• No Duty to Prevent One Party Guest Lighting Another on Fire - Occupiers and their insurers can rest easy following the Queensland Court of Appeal’s recent decision to set aside the decision of Crow J in Dearden v Ryan & Anor [2022] QSC 111. The Court of Appeal found that the general rule (that an occupier is under no duty to prevent a person doing damage to a third party) was not displaced in this instance, and the defendant/appellant occupiers were not liable because they were not obliged to take steps to prevent one guest from harming another guest by deliberately setting fire to his clothing.
• VCAT calls “Extra Time” - A special sitting of the Victorian Civil and Administrative Tribunal (VCAT) has confirmed that VCAT is bound by a contentious decision of the Supreme Court of Victoria which determined that the limitations periods otherwise imposed by the Limitation of Actions Act 1958 (Vic) did not apply to a statutory claim issued at VCAT.