| Nominal Defendant v Smith (NSWCA) - motor accidents compensation - issue whether unidentified vehicle involved in collision - miscarriage of fact process - outstanding matters remitted to District Court (I) |
| Jubb v Insurance Australia Ltd t/as NRMA Insurance (NSWSC) - judicial review - motor accidents compensation - psychological injury - whole person impairment - no error in decision of Proper Officer to refer matter for further assessment, or in decision of medical assessor - no denial of procedural fairness - summons dismissed (I G) |
| Kencian v Watney (QCA) - defamation - trial to proceed as trial by jury at appellants’ election - appeal allowed (I) |
| Commissioner of State Taxation v T & S Liapis Pty Ltd (SASCFC) - land tax - respondent entitled to primary producer exemption under Land Tax Act 1936 (SA) - appeal dismissed (B C) |
| Department of Health & Ageing v Buckett (SASC) - workers compensation - injured worker was carrying out duties of employment while making journey to place of work - leave to appeal from decision of Workers Compensation Tribunal refused (I G) |
| Pilton Holdings Pty Ltd v Essential Beauty Franchising WA Pty Ltd (No 2) (SASC) - stay - contract - stay of judgment granted pending outcome of application for leave to appeal to High Court (B) |
| Re The Estate of Young ; Ex Parte Young (WASC) - Wills and estates - probate of deceased’s informal Will granted - appeal allowed (B) |
| Summaries With Link (Five Minute Read) |
Nominal Defendant v Smith [2015] NSWCA 339
Court of Appeal of New South Wales
Basten, Leeming & Simpson JJA
Motor accidents compensation - first respondent passenger injured when driver of vehicle (Mr Harris) lost control and vehicle collided with another vehicle - issue was whether an unidentified “black car” had cut in front of Mr Harris so he lost control when he applied brakes - trial judge accepted there was such vehicle, which driver of other vehicle (Ms Callister) did not see and that driver of unidentified vehicle bore 60% of responsibility for accident - basis of Mr Harris’ 40% responsibility unclear.- Nominal Defendant challenged finding there was an unidentified vehicle involved - Mr Harris challenged apportionment of liability to him - ss34 &145 Motor Accidents Compensation Act 1999 (NSW) - held: primary judge erred in summarily dismissing Ms Callister’s evidence, failed to weigh competing evidence of first respondent and Ms Callister on balance of probabilities and failed to assess reliability of first respondent’s evidence - primary judge used Mr Harris’ police statement for purpose contrary to ruling on which it was admitted - fact process had miscarried - outstanding issues remitted to District Court.
Nominal Defendant (I)
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Jubb v Insurance Australia Ltd t/as NRMA Insurance [2015] NSWSC 1617
Supreme Court of New South Wales
Harrison AsJ
Judicial review - motor accidents compensation - psychological injury - plaintiff involved in motor vehicle accident - first defendant accepted liability -medical assessor found plaintiff suffering psychiatric injuries and assessed him as having 13% whole person impairment - plaintiff sought to quash decision of Proper Officer to refer matter for further assessment and further decision of medical assessor that plaintiff’s whole person impairment was less than 10% - interrelationship between s62 Motor Accidents Compensation Act 1999 (NSW) and Ch14 MAA Medical Assessment Guidelines - held: no jurisdictional errors or errors of law in either decision - no denial of procedural fairness - summons dismissed.
Jubb (I G)
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Kencian v Watney [2015] QCA 212
Court of Appeal of Queensland
Carmody CJ; Morrison JA & Boddice J
Defamation - election and procedure for trial by jury - respondent was school principal at school attended appellants’ children - respondent claimed he was defamed by appellants in letter sent they sent to school authorities - appellants sought to challenge dismissal of application for orders relating to election and procedure for trial by jury under Defamation Act 2005 (Qld) - whether a party who elected for trial by jury abandoned that election by refusal to pay jury fees, in absence of a court order - whether trial by jury should have been ordered under r475 Uniform Civil Procedure Rules 1999 (Qld) - held: primary judge erred in dismissing application - test to be applied was whether Court satisfied proceeding could appropriately be tried by jury - proceeding could be appropriately tried by jury - just and expeditious resolution of proceedings not likely to be frustrated - appeal allowed - trial to proceed as trial by jury at appellants’ election pursuant to r475(1).
Kencian (I)
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Commissioner of State Taxation v T & S Liapis Pty Ltd [2015] SASCFC 151
Full Court of the Supreme Court of South Australia
Gray, Sulan & Stanley JJ
Land tax - respondent owned land - respondent subdivided land - some hectares subdivided into residential lots - remaining hectares used as olive grove - all but one residential lot sold - respondent’s shareholder worked full time on olive grove - respondent sold olives and olive oil from olive grove cultivated with respondent’s machinery - significant earthworks and grafting had taken place to enable grove’s expansion - primary judge allowed appeal against land tax assessment in respect of olive grove - held: primary judge correct to conclude respondent was conducting business of primary production and that shareholder was engaged in business on substantially full time basis - primary judge did not err in construction of s5(10)(g)(vi)(A) Land Tax Act 1936 (SA) - respondent entitled to primary producer exemption under s5(10)(g)(vi) - appeal dismissed.
Commissioner of State Taxation (B C)
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Department of Health & Ageing v Buckett [2015] SASC 173
Supreme Court of South Australia
Sulan J
Workers compensation - respondent injured when travelling to medical centre where she worked - respondent claimed compensation under Workers Rehabilitation and Compensation Act 1986 (SA) - Department rejected claim on ground travel to work was not in course of carrying out official duties of employment under s30(5)(a) - Workers Compensation Tribunal found respondent was carrying out duties of employment in undertaking relevant journey - Department unsuccessfully appealed to Full Bench of Workers Compensation Tribunal - Department sought to appeal - held: there were factors supporting application but case raised no question of principle and was confined to own particular facts - no obvious error and interests of justice did not require a grant of permission to appeal - leave to appeal refused.
Buckett (I G)
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Pilton Holdings Pty Ltd v Essential Beauty Franchising WA Pty Ltd (No 2) [2015] SASC 172
Supreme Court of South Australia
Sulan J
Stay - contract - judgment entered in favour of respondents in amount - judgment upheld on appeal - applicants sought special leave to appeal to High Court - applicants sought stay of enforcement and operation of judgment - if stay refused, second applicant likely to be declared bankrupt and applicant wound up - applicants therefore would be likely to be denied opportunity to have High Court application decided - held: exceptional circumstances warranting stay - no material prejudice to respondents - balance of convenience in favour of applicants - stay granted subject to undertaking.
Pilton Holdings (B)
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Re The Estate of Young ; Ex Parte Young [2015] WASC 409
Supreme Court of Western Australia
Tottle J
Wills and estates - appellants were deceased’s brothers - appellants appealed pursuant to r5 Non-contentious Probate Rules 1967 (WA) against Registrars’ decisions/requirements to effect that appellants provide further evidence and submissions in support of application for grant of probate of deceased’s informal Will - held: Court satisfied informal Will embodied deceased’s settled testamentary intentions and that deceased intended document to operate as his Will - appeal allowed - appellants entitled to grant of probate of deceased’s informal Will.
Young (B)
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