| Bitupave Ltd t/as Boral Asphalt v Pillinger (NSWCA) - negligence - motorcyclist injured on public road - Boral and Council liable - primary judge erred in finding motorcyclist contributorily negligent - motorcyclist’s cross-appeal allowed - Boral’s appeal dismissed - Council’s cross-appeal dismissed |
| Hoskin v Victorian Civil and Administrative Tribunal (VSCA) - stay - grant of planning permit - application for stay of orders of VCAT or injunction refused |
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| Richard Perry QC with Christopher Wood on Directors’ Duties |
| Richard Perry QC and Christopher Wood discuss the dangers that arise when directors fix their own remuneration. (Jones v Invion Limited) |
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| Summaries With Link (Five Minute Read) |
Bitupave Ltd t/as Boral Asphalt v Pillinger [2015] NSWCA 298
Court of Appeal of New South Wales
Ward, Emmett & Gleeson JJA
Negligence - first respondent injured when he lost control of motorcycle on public road - first respondent sued second respondent Council and appellant (Boral) - primary judge found Boral and Council liable- primary judge found first respondent was 10% contributorily negligent - primary judge apportioned responsibility to Boral at 60% and Council at 40% - primary judge also found Boral breached contractual obligation to Council to take out insurance in respect of Council’s liability - primary judge awarded damages to Council against Boral in amount of judgment against Council - Boral appealed - Council cross-appealed and filed notice of contention that Boral breached different contractual obligation to it - first respondent cross-appealed against finding of contributory negligence - held: no error in decision of primary judge in relation to Boral’s appeal or Council’s cross-appeal - Boral’s appeal dismissed - Council’s cross-appeal dismissed - primary judge erred in finding first respondent contributorily negligent - first respondent’s cross-appeal allowed.
Bitupave
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Hoskin v Victorian Civil and Administrative Tribunal [2015] VSCA 270
Court of Appeal of Victoria
Warren CJ & Santamaria JA
Stay - proceedings arose out of application to Council for permit for development and use of mosque and associated facilities - permit application granted by Council - application for stay of execution of orders made by Victorian Civil and Administrative Tribunal appeal in relation to grant of permit pending appeal - held: application misconceived in that permit already issued - jurisdiction of Court would extend to enjoining commencement of works or use of land - applicants had pointed to no prejudice they would suffer if stay not granted - no prospect of work occurring on site before hearing of application for leave to appeal - stay or injunction refused - application dismissed.
Hoskin
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