Emma L Bartley

Emma is also a Sessional Academic at her alma mater, Western Sydney University, and more recently has taught Contract Law at UNSW, a role in which she gets to pursue other passions—teaching and mentoring.

Outside her professional life, Emma is learning to speak Português, listens to podcasts, and paints socially at a pub with a Guinness in hand. She can also solve a rubik’s cube in under 3 minutes.

Cases

Wieck v Wayoutback Desert Safaris Pty Ltd [2023] NSWSC 134 – application for leave to join insurer – claim for breach of contract, breach of statuary guarantee and unconscionable conduct – second defendant in voluntary administration – potential conflict of laws issues

Saberi v Bakhshizadeh [2022] NSWCA 142 – appeal from District Court – security for costs – whether plaintiff “ordinarily resident outside of Australia” – proceedings dismissed after non-provision of security – r 42.21(1)(a) and (3) of UCPR – application for leave to appeal dismissed – no arguable prospects of success on appeal

Loureiro v Mac Aus Unit Pty Ltd (No 4) [2022] NSWSC 370 – Harman undertaking – implied undertaking – use of documents produced on subpoena for purposes of fresh proceedings – whether special circumstances warrant release from undertaking – where no objection by or prejudice to documents’ author – where some documents contain potentially sensitive information – where documents likely to achieve justice in fresh proceedings – where material could be obtained on subpoena in fresh proceedings

Loureiro v Mac Aus Unit Pty Ltd (No 3) [2022] NSWSC 358 – costs – whether usual rule that costs follow event applies – where plaintiffs had mixed success against multiple parties – where time spent on unsuccessful claims not significant – whether costs should be awarded on issues basis – where evidence applicable to several claims – where identical defences for two defendants – where unsuccessful claims occupied little time in evidence and argument

Loureiro v Mac Aus Unit Pty Ltd (No 2) [2022] NSWSC 226 – contract – construction and interpretation – identification of parties to the agreement – use of surrounding circumstances and post-contractual conduct to identify parties – whether the first and third defendants were borrowers under the loan agreements – limitation of actions – debt – extension of limitation period by confirmation – acknowledgement in declaration – whether confirmation made by second defendant as agent for first and third defendants

Nohra v Nando’s Quality Meats Pty Ltd [2021] NSWSC 1209 – appeal from Local Court – contract – construction – parties to a contract – where contract to supply meat to supermarket business – where contract wholly oral – where supermarket business traded under different names over several years – where invoices for supply of meat issued in trading names of the business – whether contract with director personally or company operating supermarket business

Loureiro v Mac Aus Unit Pty Ltd [2021] NSWSC 925 – funds in court – application for expedition of motion seeking payment out – no present entitlement to funds, paid into court as security for plaintiffs’ claims – where delays caused by plaintiffs’ failure to file evidence – where first defendant liable to suffer hardship if funds not released – expedite proceedings to bring forward competing claims

Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd [2021] NSWSC 24 – construction of contract – co-location of refinery plant – whether owner was entitled to leave plant behind on termination of contract – whether owner was obliged to remove plant on termination of contract – whether interference by operator with owner’s contractors would amount to conversion of plant – plant abandoned on land by owner after termination of contract – whether abandonment effective – whether damages an adequate remedy – mandatory injunction for removal

The Owners – Strata Plan No 94267 v DEC Engineering & Construction Pty Ltd & Anor [2020] NSWSC 1647 – security for costs – where developer and builder made cross claims against each other – where builder’s cross claim based on deed of indemnity – where developer’s cross claim sought to impugn that deed – where developer sought security for costs of builder’s cross claim – where security sought was in substance for costs of developer’s cross claim

Safarjalani v R [2020] NSWCCA 337 – appeal against conviction — murder by shooting — evidence that one of two men present at the scene shot the deceased — where Crown case put in the alternative that the applicant was either the shooter or in a joint criminal enterprise with the shooter — evidence in Crown case tending to exclude the applicant as the shooter — whether verdict unreasonable