| Duncan v Independent Commission Against Corruption (HCA) - statutory interpretation - declaration refused that findings in report made in excess of ICAC’s jurisdiction - application dismissed |
| Mulligan v Virgin Australia Airlines Pty Ltd (FCAFC) - human rights - discrimination -.airline’s conduct in not permitting dog to accompany appellant in cabin of its aircraft was unlawful direct discrimination - appeal allowed |
| Sunlea Enterprises Pty Ltd as Trustee for Drummond Cove Unit Trust v Pollock [No 3] (WASC) - pleadings - strike out application - allegation of implication in breach of trust by participation with actual knowledge - application dismissed |
| Benchmark Television |
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| Dennis Wheelahan QC and Richard Douglas QC present on State of Queensland v Kelly [2014] QCA 27 |
| In this edition of Benchmark Television, Dennis Wheelahan QC and Richard Douglas QC discuss negligence litigation with particular reference to the Queensland Supreme Court of Appeal’s decision in Queensland v Kelly [2014] QCA 27. Mr Douglas acted as leading counsel for the respondent. |
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| Summaries With Link (Five Minute Read) |
Duncan v Independent Commission Against Corruption [2015] HCA 32
High Court of Australia
Kiefel, Bell, Gageler, Keane, Nettle & Gordon JJ
Statutory interpretation - applicant sought declaration that findings in report were made in excess of respondent’s jurisdiction - report found applicant engaged in conduct which adversely or could have adversely affected efficacy of performance of functions by officials of New South Wales executive government - .respondent concluded conduct was "corrupt conduct" within s8(2) Independent Commission Against Corruption Act 1988 (NSW) - applicant submitted that cll 34 and 35 of Pt 13 did not deem applicant’s conduct to be "corrupt conduct". - decision as to meaning of “corrupt conduct“ in the Act in Independent Commission Against Corruption v Cunneen [2015] HCA 14 - invalidation of some past acts of respondent by Cunneen- insertion of Pt 13 to validate otherwise invalid acts - ‘Kable’ principle - ‘Kirk’ principle - held: cll 34 & 35 widened scope of "corrupt conduct" and widened respondent’s jurisdiction in relation to its investigation - principal ground of challenge to validity of Pt 13 not made out - other challenges to validity of Pt 13 failed - application dismissed.
Duncan
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Mulligan v Virgin Australia Airlines Pty Ltd [2015] FCAFC 130
Full Court of the Federal Court of Australia
Flick, Reeves & Griffiths JJ
Human rights - discrimination - respondent operated passenger airline - appellant claiming to suffer cerebral palsy tried to book flight - respondent refused to allow appellant’s assistance dog to accompany him in aircraft cabin - whether primary judge erred in not finding airline unlawfully discriminated against appellant - proper construction and application of provisions of Disability Discrimination Act 1992 (Cth) (DDA) and interrelationship with laws and instruments affecting civil aviation - held: primary judge’s reasons revealed numerous appellable errors - primary judge erred in proceeding on basis that two instruments made by Civil Aviation Safety Authority (CASA) were relevant to appellant’s individual circumstances - misconstruction of instruments led to further related error - primary judge misconstrued reg 256A(2) Civil Aviation Regulations 1988 (Cth) accompanied by further errors - primary judge erred in finding instruments were a ‘prescribed law’ for the purposes of s47(2) DDA - primary judge erred in interpreting and applying s54A(5) & 9 DDA- primary judge erred in finding that s47(2) applied in circumstances - respondent’s conduct in not permitting dog to accompany appellant in cabin of its aircraft constituted unlawful direct discrimination contrary to s24 DDA - appellant entitled to compensatory damages of $10,000 - appeal allowed.
Mulligan
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Sunlea Enterprises Pty Ltd as Trustee for Drummond Cove Unit Trust v Pollock [No 3] [2015] WASC 330
Supreme Court of Western Australia
Allanson J
Pleadings - strike out application by first defendant - plea concerned challenged borrowings and payments - plaintiff sought to implicate first defendant in breach of trust by alleging he participated in it with actual knowledge - first defendant contended material facts pleaded did not provide proper basis for attributing 'an intimate knowledge of the source and limitations on Sandpiper's authority' to him as pleaded - O20 r 8 Rules of the Supreme Court 1971 (WA) - held: there was arguable case of knowledge pleaded - Court satisfied plea gave first defendant sufficient notice of case to be met and disclosed reasonable cause of action - application dismissed.
Sunlea
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