| Hassoun
v Wesfarmers General Insurance Ltd t/a Lumley General (NSWCA)
- insurance - order for security for costs - stay (I C) |
| Lam
v Rolls Royce PLC (No 3) (NSWSC) - class action - discovery
refused - “class closure” orders (I) |
| Wesfarmers
v Linfox Australia Pty Ltd (VSC) - accident compensation -
indemnity proceeding - psychological condition caused by work injury - Factor X
calculated (I) |
| Zealley
v Liquorland (Aust) Pty Ltd (VSC) - work injury damages
- worker injured while unloading truck - employer’s liability 40% - truck
owner-operator’s liability 60% (I) |
| Oliver
Hume (Australia) Pty Ltd v Land Source Australia Pty Ltd (VSC)
- pleadings - claim for unpaid real estate commission - leave granted to file
amended writ and statement of claim (I B) |
| Thompson
v Cavalier King Charles Spaniel Rescue (Qld) Inc (QCA)
- discovery - defendants not required to disclose categories of documents -
appeal dismissed (I) |
| Baptist
Community Services v ACT Planning and Land Authority (ACTCA)
- planning and development - refusal of application to build units to replace
aged care facility - inconsistency with zone objectives - matter remitted (C G) |
| Summaries With Link (Five Minute Read) |
Hassoun
v Wesfarmers General Insurance Ltd t/a Lumley General [2015] NSWCA 33
Court of Appeal of New South Wales
McColl & Gleeson JJA; Beech-Jones J
Stay - security for costs - insurance -
premises destroyed by deliberately lit fire - applicant claimed damages against
insurer for refusing to indemnify applicant under insurance policy - insurer
denied claim on basis it was fraudulently made - applicant sought leave to
appeal against order that he provide amount as security for insurer’s costs and
that proceedings be stayed until security given - restraint on appellate
intervention - cause of impecuniosity - whether case management irrelevant
consideration - prospects of success - burden of proof for allegation of
fraudulent claim - history of delay and non-compliance with directions - held:
no error by primary judge - conclusion not unreasonable or plainly unjust -
appeal dismissed.
Hassoun (I C)
|
Lam
v Rolls Royce PLC (No 3)
[2015] NSWSC 83
Supreme Court of New South Wales
Beech-Jones J
Class action - plaintiff sought orders
for discovery against defendant - defendant sought orders to effect “class
closure” and requiring potential class members to provide basic particulars of
loss for purpose of advancing settlement discussions - ss60, 162, 175 & 183
Civil Procedure Act 2005 (NSW) - held:
Court not satisfied mediation process exhausted - Court declined to order
discovery, and instead to take whatever steps could reasonably be undertaken to
promote mediation - revised orders for sending of opt out notices, a scheme for
registration and proposed schedule of questions to be sent to potential members
of the class - plaintiff to provide to defendant a definitive list of persons
whom plaintiff contends were aboard flight.
Lam (I)
|
Wesfarmers v Linfox
Australia Pty Ltd
[2015] VSC 63
Supreme
Court of Victoria
J
Forrest J
Accident
compensation - indemnity proceeding - plaintiff self-insurer sought to recover from
defendant payments of compensation made to worker for workplace injury - s138 Accident Compensation Act 1985 (Vic) - proportion
of liability under Factor X of formula contained in s138(3) - whether assessment
of damages payable by defendant as Factor A of s138(3) formula limited by
reason of subsequent event unrelated to its tortious conduct - held: Court accepted that worker’s psychological condition (including the pseudo
seizures) remained causally related to injuries sustained by her in workplace
accident and their sequelae - chain of causation not broken - Factor X assessed
at 60% and amount of damages under Factor A at $1,307,590.
Wesfarmers (I)
|
Zealley v Liquorland (Aust)
Pty Ltd
[2015] VSC 62
Supreme
Court of Victoria
J
Forrest J
Work
injury damages - negligence - worker injured when unloading truck - worker developed psychiatric condition in
which she continued to experience pseudo epileptic fits described as pseudo
seizures - worker settled claims against employer and owner-operator of
delivery truck - contribution dispute arose - responsibility of each defendant
injuries pursuant to Part IV Wrongs Act
1958 (Vic) - held: truck owner-operator should bear lion’s share of
responsibility for injuries - its acts and omissions both greater in
culpability and causal potency than those employer - there was some substance
to truck owner-operator’s allegation that part of worker’s damage related to employer
requiring her to carry out work beyond certified medical capacity when she
returned to work - however allegation was of minor significance when compared
to injury and damage suffered as result of unloading accident - parties
apportioned 40% to employer and 60% to truck owner-operator.
Zealley (I)
|
Oliver Hume (Australia) Pty
Ltd v Land Source Australia Pty Ltd
[2015] VSC 77
Supreme
Court of Victoria
Cameron
J
Pleadings
- claim by estate agent for unpaid commission - agent sought leave to file and
serve an amended writ and an amended statement of claim - proposed pleading
contained rectification claims - agent sought to plead that even if Court found
it failed to comply with Estate Agents
Act 1980 (Vic), under equitable doctrine of rectification Court could order
that agreement be rectified to accord with common intention - ss49A & 50 Estate Agents Act 1980 (Vic) - whether
Act precluded Court from granting leave - held: agent should not be denied opportunity
to file amended writ and amended statement of claim, including claims based on
rectification of sales agreement, in face of provisions of the Act.
Oliver
Hume (Australia) Pty Ltd (I B)
|
Thompson v Cavalier King
Charles Spaniel Rescue (Qld) Inc
[2015] QCA 010
Court
of Appeal of Queensland
Carmody
CJ, Gotterson & Morrison JJA
Discovery
- applicant was former member of charitable organisation - applicant brought
proceedings for damages and injunction against charitable organisation arising
from termination of membership - applicant sought disclosure of documents
beyond those disclosed by defendants - primary judge found defendants not
required to disclose categories of documents - held: no point of legal
principle raised in appeal - no error of law shown - no denial of procedural
fairness - appeal dismissed.
Thompson (I)
|
Baptist Community Services v
ACT Planning and Land Authority
[2015] ACTCA 3
Court
of Appeal of the Australian Capital Territory
Refshauge,
Penfold & Burns JJ
Planning
and development - appellant sought development approval to build units to
replace aged care facility- Tribunal affirmed ACTPLA’s refusal of application -
whether Tribunal, in error, saw itself as obliged to affirm refusal of
development application purely because it did not meet one or more zone
objectives - correct approach to s120 Planning
and Development Act 2007 (ACT) with regard to s50 -difference
in parties’ interpretations of RZ1 zone objective - held: Court rejected
appellant’s submission that a proposal must be approved if it was
code-compliant - Court rejected ACTPLA’s submission that a proposal must not be
approved if it was inconsistent with a “relevant” zone objective - consistency
with zone objectives properly considered in exercise of s120 discretion to
approve development in merit track - inconsistency with zone objectives may
also provide basis for discretionary rejection of code-compliant development - appeal
allowed - matter remitted to Tribunal to reconsider development application in
light of Court’s explanation.
Baptist
Community Services (C G)
|
