| Connaughton
v Pacific Rail Engineering Pty Ltd (NSWDC) - tree fell on
truck - Motor Accidents Compensation Act
1999 (NSW) - statutory interpretation - blameless
accident - causation - verdict for plaintiff |
| Allianz
Australia Insurance Ltd v Moo Ok Park (NSWSC) - motor accidents
compensation - past economic loss - inadequate reasons – assessor’s decision
quashed |
| Davidson
v Transport Accident Commission (VSCA) - transport accident
- injury to wrist was a serious injury -
appeal allowed |
| Swick
Nominees Pty Ltd v Leroi International Inc [No 2] (WASCA)
– product liability – multiple failures of air compressor unit – no breach of
duty by manufacturer |
| Fogarty
v CGU Insurance Ltd (ACTSC) – insurance contact – no breach by
insurer of obligation to repair or duty of utmost good faith |
| Summaries With Link (Five Minute Read) |
Connaughton v Pacific Rail
Engineering Pty Ltd,
NSWDC, 12 February 2015
District
Court of New South Wales
Norton
SC DCJ
Plaintiff
injured when his truck collided with a fallen or falling tree – trial on liability
and whether the accident was a blameless
accident - s7A Motor
Accidents Compensation Act 1999 (NSW) - held: the tree fell on the truck as
the plaintiff was driving it; the plaintiff did not drive the truck into a
fallen tree - in statutory interpretation, legislative
intention is the intention to be inferred from the words actually used in
the statute, not the subjective intention of members of the legislature that
passed the statute - s3A Motor Accidents
Compensation Act does not apply
to blameless accidents - as there was
no negligence or other tort by the plaintiff or the truck’s owner, the accident
was a blameless accident - even under
the extended definition of causation in s7E, the plaintiff did not cause the
accident - verdict for plaintiff – damages to be assessed.
Connaughton
[From Benchmark 2 March 2015] |
Allianz
Australia Insurance v Moo Ok Park
[2015] NSWSC 122
Supreme Court of New South Wales
Harrison AsJ
Motor accidents compensation - past
economic loss - claimant injured in motor vehicle accident - Allianz was
compulsory third party insurer for driver at fault - liability not in issue - Allianz
sought to set aside decision of claims assessor - insurer contended assessor’s
reasoning for awarding past economic loss was erroneous - held: it was not
clear how assessor arrived at weekly amounts - reasoning process that led assessor
to make conclusions had not been set out as required by clause 18.4.3 Claims Assessment Guidelines - assessor failed
to provide proper reasons - decision
invalid and quashed
Allianz
Australia Insurance
[From Benchmark 3 March 2015] |
Davidson v Transport
Accident Commission
[2015] VSCA 12
Court
of Appeal of Victoria
Ashley,
Whelan & Beach JJA
Accident
compensation - applicant injured wrist in transport accident - primary judge
dismissed applicant’s serious injury application under s93(4)(d) Transport Accident Act 1986 (Vic) -
held: there was specific error in primary judge’s treatment of applicant’s
prospects of obtaining career as chef but for accident - applicant’s impairment
of function of wrist, her youth and fact that impairment would be suffered over
adult lifetime led to Court’s conclusion that impairment of wrist function satisfied very considerable test - appeal allowed.
Davidson
[From Benchmark 2 March 2015] |
Swick
Nominees Pty Ltd v Leroi International Inc [No 2] [2015] WASCA 35
Court of Appeal of Western Australia
Buss & Murphy JJA; Edelman J
Negligence – product liability –
contract - action for damages against respondents in connection with
appellant’s purchase by of air compressor unit - trial judge dismissed claim
against manufacturer and allowed claim against supplier – appellant contended
primary judge erred in dismissing claim against manufacturer and in assessment
of quantum of damages – multiple failures of complex machinery - fitness for
purpose – pure economic loss – whether trial judge should have found manufacturer
breached duty of care - res ipsa loquitur
– proof of negligence - held: trial judge correct to find no breach of duty
by manufacturer – no issue of quantification of damages in relation to
manufacturer – no error in assessment of damages for breach of contract by
supplier – appeals dismissed.
Swick
Nominees Pty Ltd
[From Benchmark 3 March 2015] |
Fogarty
v CGU Insurance Ltd
[2015] ACTSC 44
Supreme Court of the Australian Capital
Territory
Murrell CJ
Insurance contract – insurer entered
contract with appellant to insure building and contents
against accidental loss or damage, including damage by fire – fire in kitchen
of premises – insurer accepted claim and elected to repair damage – dispute
arose in relation to damaged caused to three kitchen floorboards – insured sued
insurer under s57 Insurance Contracts Act
1984 (Cth) for cost of repairs - insured asserted insurer breached contract
by failing to repair damage – Magistrate entered judgment for insured – parties
appealed and cross-appealed – held: grounds of appeal and cross-appeal in
relation to specific performance allowed - Magistrate erred in finding insurer
breached contractual obligation to repair and in finding that insurer breached
its duty of utmost good faith – cross-appeal upheld – verdict for insurer
Fogarty
[From Benchmark 3 March 2015] |
Sunday
Evening in the Common
By John Hall Wheelock
LOOK—on the topmost branches of the world
The blossoms of the
myriad stars are thick;
Over the huddled rows
of stone and brick,
A few, sad wisps of empty smoke are curled
Like ghosts, languid
and sick.
One breathless moment now the city’s moaning
Fades, and the
endless streets seem vague and dim;
There is no sound
around the whole world’s rim,
Save in the distance a small band is droning
Some desolate old
hymn.
Van Wyck, how often have we been together
When this same moment
made all mysteries clear;
—The infinite stars
that brood above us here,
And the gray city in the soft June weather,
So tawdry and so
dear!
John Hall Wheelock
|
