| Andonovski v Park-Tec
Engineering Pty Ltd and Barbeques Galore Pty Ltd; Andonovski v East
Realisations Pty Ltd (No 6) (NSWSC) - negligence - two accidents - employer
and occupier liable for work injury - companies liable for bus accident injury (I) |
| Assad v Eliana
Construction & Developing Group Pty Ltd (NSWSC) - contract - joint venture - inadequate
reasons for conclusion that there was no agreement as to terms of settlement
agreement - rehearing (I B C) |
| Waterhouse v Independent
Commission Against Corruption (No.3) (NSWSC) - judicial review - ICAC not obliged to
investigate complaint - proceedings dismissed (I G) |
| Sands v State of South
Australia (SASCFC) - defamation - action against State for defamation and breach
of statutory duty dismissed - appeal dismissed (I) |
| Netline Pty Ltd v QAV
Pty Ltd [No 2] (WASC) - contract - ineffectual termination of letting and services
agreement - damages to be assessed (I B) |
| Summaries With Link (Five Minute Read) |
Andonovski
v Park-Tec Engineering Pty Ltd and Barbeques Galore Pty Ltd; Andonovski v East
Realisations Pty Ltd (No 6) [2015]
NSWSC 341
Supreme Court of New South Wales
Campbell J
Negligence - plaintiff claimed damages for injuries
from two accidents - first accident was fall from unfenced platform at work -
second accident in bus collision with truck in which plaintiff was passenger going
home after medical appointment for first accident - in first action defendants
were employer and company (Park-Tec) for whom work was being performed at its
premises - in second actions defendants were two companies (bus accident
defendants) - bus accident defendants admitted breach of duty but claimed
plaintiff was not injured - held: Park-Tec as occupier of premises was
negligent - employer conceded that if Park-Tec is liable it too was liable
because of non-delegable duty of care to plaintiff - no contributory negligence
- apportionment 70% to Park-Tec and 30% to employer - plaintiff suffered
appreciable injury in bus accident sufficient to constitute tort of negligence
- judgment for plaintiff.
Andonovski (I)
[From Benchmark 2 April 2015] |
Assad
v Eliana Construction & Developing Group Pty Ltd [2015] VSCA 53
Court of Appeal of Victoria
Redlich, Redlich & McLeish JJA
Contract - joint venture - fiduciary duties -
trial judge declared joint venture existed between parties for purchase and development
of property - appellant did not challenge declaration but sought to appeal from
orders - appellant claimed trial judge erred by failing to give adequate reasons
for rejecting claim that parties made settlement agreement, by failing to find
parties made settlement agreement on certain terms, and by failing to make
orders with respect to counterclaim - evidence concerning settlement agreement
- held: ground of appeal based on inadequacy of reasons upheld - notice of
contention alleging fiduciary duties owed by appellant to respondent dismissed
- matter remitted for rehearing.
Assad (I B C)
[From Benchmark 7 April 2015] |
Waterhouse
v The Independent Commission Against Corruption (No.3) [2015] NSWSC 261
Supreme Court of New South Wales
Garling J
Judicial review - plaintiff sought
orders compelling ICAC to undertake investigation and public inquiry into
allegations of serious corrupt conduct made by plaintiff to ICAC in 2012 -
plaintiff contended ICAC had duty to investigate under Independent Commission Against Corruption Act 1988 (NSW) -
statutory interpretation - ss10 & 20 - held: Court unable to accept Act
imposed duty or obligation on ICAC to investigate any complaint made to it -
Act did not oblige ICAC to investigate 2012 complaint - Court not satisfied
plaintiff demonstrated conduct of ICAC in declining to investigate complaint was
unreasonable - proceedings dismissed.
Waterhouse (I G)
[From Benchmark 8 April 2015] |
Sands
v State of South Australia
[2015] SASCFC 36
Full Court of the Supreme Court of South
Australia
Blue, Stanley & Nicholson JJ
Defamation - appellant sued State for defamation and breach of statutory duty
arising from Criminal Law (Forensic
Procedures) Act 1998 (SA) - primary judge dismissed action - appellant
contended primary judge erred in finding additional imputations not conveyed, defence
of justification made out, and that State did not breach Act - held: primary
judge correctly found appellant failed to demonstrate basis for striking out pleas
of justification and qualified privilege or precluding State from relying upon them
merely because of existence of material subject of public interest immunity
-
primary judge’s conclusion correct that State proved its case of justification
- primary judge correct to find imputations not made out and that State did not
contravene Act - appeal dismissed.
Sands (I)
[From Benchmark 2 April 2015] |
Netline
Pty Ltd v QAV Pty Ltd [No 2]
[2015] WASC 113
Supreme Court of Western Australia
Beech J
Contract - plaintiffs owned apartment in
complex - defendant manager provided caretaking and letting services to Ascot
Village - owners and manager were parties to agreement for provision of letting
services by manager in respect of apartment - manager purported to terminate agreement
- owners claimed notice of termination was ineffectual and sought specific
performance - held: there was no implied term entitling manager to terminate
agreement on reasonable notice - manager had no right to terminate agreement -
specific performance not granted - damages to be assessed.
Netline (I B)
[From Benchmark 8 April 2015] |
| CRIMINAL |
| Executive Summary |
| Karam v The Queen (VSCA)
- conspiracy to possess unlawfully imported border controlled drug in
commercial quantity - leave to appeal against conviction and sentence refused |
| Bauer (a Pseudonym) v The Queen (VSCA)
- criminal law - sexual offences -overloaded indictment - cross-admissibility
of evidence as tendency evidence -convictions on trial indictment set aside -
appeal against sentences allowed |
| Summaries With Link |
Karam v The Queen [2015] VSCA 50
Court
of Appeal of Victoria
Weinberg,
Priest & Beach JJA
Criminal
law – applicant convicted of conspiring with co-accused to possess unlawfully
imported border controlled drug in commercial quantity - applicant sentenced to
19 years imprisonment with non-parole period of 15 years - applicant sought
leave to appeal against both his conviction and sentence - hearsay - whether certain
evidence should have been excluded under s137 Evidence Act 2008 (Vic) - elements of conspiracy – whether sentence
manifestly excessive - held: grounds of appeal with respect to conviction
failed - Court not persuaded any error made by trial judge in sentencing
applicant - even if error shown, Court did not think any different sentence
should be passed - applications refused.
Karam |
Bauer (a Pseudonym) v The
Queen
[2015] VSCA 55
Court
of Appeal of Victoria
Maxwell
P, Weinberg & Priest JJA
Criminal
law - applicant found guilty of sexual offences - applicant sought to appeal
against conviction on first indictment (trial indictment) - applicant pleaded
guilty to two charges of indecent assault contained in second indictment (plea
indictment) - applicant sought leave to appeal against conviction in trial
indictment - applicant sought leave to appeal against sentences - whether trial
judge erred in refusing permanent stay of charges - whether certain evidence properly
left as tendency evidence - cross-admissibility of evidence as tendency
evidence - held: indictment overloaded by inclusion of many charges relating to
five separate complainants resulting in unfairness - supposed tendency evidence
amounted to no more than evidence of mere propensity, was without significant
probative value, and should have been excluded - questions of cross-admissibility
and severance to be decided by trial judge on retrial - convictions set aside on
certain charges - leave to appeal against sentences imposed on plea indictment
allowed - total effective sentence 8 months’ imprisonment.
Bauer |
A Gift
by Leonora Speyer
I Woke: —
Night, lingering, poured upon the world
Of drowsy hill and wood and lake
Her moon-song,
And the breeze accompanied with hushed fingers
On the birches.
Gently the dawn held out to me
A golden handful of bird’s-notes.
LeonoraSpeyer
|
