| White v Benjamin (NSWCA) - damages -
motor accidents compensation - appeal against assessment of damages allowed (I) |
| Black v Young (NSWCA) - damages - motor vehicle accident - appeal against
assessment of damages dismissed (I) |
| Re Estate of the Late
Assim; Application of Assim and Assim (NSWSC) - Wills and estates - urgent
appointment of administrators with limitations on powers (B) |
| Graves v West (No 2) (NSWSC) - damages -
assault during rugby union game - physical and psychological injury - damages
assessed (I) |
| Minumbra Pty Ltd v AM
Lancewood Investment Nominees Pty Ltd (NSWSC) - contract - subrogation - limited
recovery guarantee - guarantor’s claim failed (B) |
| In the Estate of Johnson
(Deceased) (SASC) - Wills and estates - testamentary capacity - appropriate to
admit copy of Will to probate (B) |
| Pyramid Constructions
(WA) Pty Ltd v Form Doctors Pty Ltd (WASC) - costs - defendant ultimately conceded
plaintiff’s entitlement to relief - defendant to pay plaintiff’s costs (B C) |
| Summaries With Link (Five Minute Read) |
White
v Benjamin
[2015] NSWCA 75
Court of Appeal of New South Wales
Beazley ACJ; Basten & Meagher JJA
Damages - motor accidents compensation -
appellant driver injured when her stationary vehicle hit from behind by vehicle
driven by first respondent - appellant had undisputed continuing disability
flowing from neck injury - primary judge awarded appellant damages for future
economic loss resulting from loss of earning capacity but no damages for past
economic loss, gratuitous domestic care or commercial services - appellant
challenged assessment of damages - held: appeal against award of damages for
loss of earning capacity rejected - trial judge erred in increasing deduction
for vicissitudes to 25% - trial judge erred in dealing with claim for domestic
assistance as covered by s15 Civil
Liability Act 2002 (NSW) - assessment of damages for domestic care for
motor accidents to be conducted under s141B Motor
Accidents Compensation Act 1999 (NSW) - no reason to interfere with
rejection of claim for gratuitous domestic services - amount allowed for future
domestic assistance - appeal allowed in part.
White (I)
|
Black
v Young
[2015] NSWCA 71
Court of Appeal of New South Wales
Basten JA, Sackville AJA & Adamson J
Damages - motor vehicle accident - appellant
injured in motor vehicle accident - liability admitted - primary judge awarded appellant
damages for economic loss - appellant appealed against assessment of damages -
held: no error shown in primary judges finding that back condition was not
causally related to accident - no error in not awarding damages for diminution
of earning capacity due to appellant’s psychological condition - no error in
award of buffer - sum awarded not outside range having regard to evidence- not
inconsistent with s126 Motor Accidents
Compensation Act 1999 (NSW) Act to award buffer in appropriate cases -
appeal dismissed.
Black (I)
|
Re Estate
of the Late Assim; Application of Assim and Assim [2015] NSWSC 337
Supreme Court of New South Wales
Slattery J
Wills and estates - plaintiffs were
daughters of deceased - deceased had died suddenly - daughters sought
appointment as administrators of father’s estate under s74 Probate and Administration Act 1898 (NSW) - deceased was sole
signatory on trust account of real estate business - no signatory to trust
account of business to enable money to be paid out to clients - plaintiffs
sought to appoint directors to company controlling business so company could
appoint signatory - s201F Corporations
Act 2001 (Cth) - held: case for urgent appointment made out - appointment limited
to objective of preserving value of real estate business from damage - daughters
appointed administrators with limitation on powers to act pending grant of
probate or administration.
Assim (B)
|
Graves
v West (No 2)
[2015] NSWSC 306
Supreme Court of New South Wales
Button J
Damages - plaintiff injured in assault
during rugby union game - defendant pleaded guilty to and was convicted of recklessly
causing grievous bodily harm to plaintiff - defendant placed on good behaviour
bond and subsequently left Australia - plaintiff sought damages arising from
assault - summary judgment entered for plaintiff - assessment of damages -
physical and psychiatric injury - held: appropriate for matter to proceed ex
parte - claim to be determined in accordance with common law of damages, not Civil Liability Act 2002 (NSW) - damages
assessed.
Graves (I)
|
Minumbra
Pty Ltd v AM Lancewood Investment Nominees Pty Ltd [2015] NSWSC 302
Supreme Court of New South Wales
Young AJA
Contract - guarantee - plaintiff was
guarantor - defendant was principal creditor which loaned amount to borrower (entity
whose liability was partially guaranteed) - dispute concerning whether surety
was able to be subrogated to remedies of principal creditor even though money still
owed to principal creditor - guarantor sought various declarations as to its
rights under collection of deeds - whether surety had granted “part guarantee”
or whether it was “limited recovery guarantee” - held: plain words of document
showed drafter made clear distinction between subject matter of guarantee and cap
on liability of guarantor - document was limited recovery guarantee - subrogation
rights not available until lender’s claim on borrower under deeds paid in full -
guarantor’s claim failed.
Minumbra (B)
|
In
the Estate of Johnson (Deceased)
[2015] SASC 51
Supreme Court of South Australia
Gray J
Wills and estates - testamentary capacity - trustee
sought grant of letters of administration with copy of Will annexed - deceased
died in 2012 - deceased made Will in 2004 - original Will could not be found -
medical report expressed opinion deceased not of testamentary capacity when
Will made - consideration of further material addressing question of capacity -
held: in contentious probate proceedings which become undefended Court
maintained oversight when considering Will’s validity - Court satisfied
deceased had testamentary capacity and that it was appropriate to admit copy of
Will to probate.
Johnson (B)
|
Pyramid
Constructions (WA) Pty Ltd v Form Doctors Pty Ltd [2015] WASC 94
Supreme Court of Western Australia
Martin CJ
Costs - commerical arbitration - no
adjudication on merits - plaintiff sought removal of arbitrator from arbitration
upon which he had embarked - orders sought pursuant to s13 Commercial Arbitration Act 2012 (WA) - ultimately arbitrator
withdrew as consequence of defendant advising him it would not oppose orders -
parties disagreed as to costs - held: relevant ’event’ in this case was that party
against whom relief sought eventually conceded moving party’s l entitlement to relief.
- moving party substantially successful in achieving objectives of proceedings
- costs to follow event - defendant to pay plaintiff’s costs.
Pyramid (B C)
|
