| Quintano v Minister for Finance and Deregulation (FCAFC) - administrative law - applicant injured in fight in nightclub - act of grace payment refused - appeal dismissed |
| State of Queensland v Moon (NSWSC) - transfer of proceedings - medical negligence - proceedings transferred from New South Wales to Queensland |
| Lawlor (nee Latta) v NSW (NSWSC) - work injury damages - limitations - leave to commence proceedings out of time granted |
| Miller v Lithgow City Council (NSWSC) - negligence - student injured attempting dive into shallow end of pool - school liable |
| Summaries With Link (Five Minute Read) |
Quintano v Minister for Finance and Deregulation [2014] FCAFC 159
Full Court of the Federal Court of Australia
Edmonds, McKerracher & Katzmann JJ
Administrative law - applicant injured in fight at nightclub - sued owner of nightclub - NSW Supreme Court awarded applicant $4,063,802.50 - owner went into liquidation during proceeding - owner insured by insurer through its agent - insurer and agent wound up - applicant sought act of grace payment under s33 Financial Management and Accountability Act 1997 (Cth) on basis ASIC and Australian Prudential Regulation Authority failed to act against insurer or agent despite being aware they were unable to meet liabilities and may have engaged in criminal activity - primary judge dismissed application - held: grounds of appeal not made out - no error in primary judge’s conclusion that applicant’s circumstances were not special or sufficiently special to warrant exercise of discretion to authorise payment - appeal dismissed.
Quintano |
State of Queensland v Moon [2014] NSWSC 1698
Supreme Court of New South Wales
Button J
Medical negligence - plaintiff alleged she was injured in obstetric procedure in hospital procedure in Queensland - State sought brought pursuant to ss5(2)(b) & 8 Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) to have proceedings brought by plaintiff in District Court of New South Wales transferred to Supreme Court of New South Wales and thereafter to Supreme Court of Queensland - held: circumstances argued strongly for transfer to Queensland - tort allegedly occurred in Queensland - no dispute law of Queensland would apply at trial - plaintiff and vast majority of treating medical professionals resided in Queensland - apart from fact that plaintiff’s solicitors were based in Sydney, dispute had no connection with New South Wales - Queensland was the natural forum for the resolution of the litigation - application granted.
State of Queensland |
Lawlor (nee Latta) v NSW [2014] NSWSC 1659
Supreme Court of New South Wales
Hidden J
Limitations - work injury damages - plaintiff sued NSW for damages for psychological injury suffered as result of duties as a police officer between 1996 and 2002 - plaintiff sought modified common law damages under Workers Compensation Act 1987 (NSW) - statement of claim filed after expiration of 3 year limitation period set by s151D(2) - plaintiff sought leave to commence proceedings - held: Court satisfied there was reasonable explanation for delay and that fair trial could be had - plaintiff entitled to exercise of discretion in her favour - leave to commence proceedings out of time granted.
Lawlor (nee Latta) |
Miller v Lithgow City Council [2014] NSWSC 1579
Supreme Court of New South Wales
RS Hulme AJ
Negligence - plaintiff injured when she attempted to perform ‘track-start dive’ into shallow end of swimming pool run by Council - first defendant was Council - second defendant conducted school - plaintiff sued defendants for breach of duty of care - s5D Civil Liability Act 2002 (NSW) - held: immediate cause of plaintiff’s injury was slippage of foot - unreasonable for school to encourage plaintiff to dive into shallow end of pool with lack of gripping facilities - no breach of duty by Council - school liable for failure to warn plaintiff of risks of what she was doing and because it actively encouraged plaintiff to do what she was doing - school’s negligence caused plaintiff’s injuries - judgment for plaintiff - damages to be assessed.
Miller |
