| Metaxoulis v
McDonald’s Australia Ltd (NSWCA) - negligence - appellant injured in slip and fall after rescuing
child from play equipment - McDonalds liable (I) |
| Built NSW Pty Ltd v
Politic Pty Ltd (NSWSC)-pleadings-contract-leave to file amended statement of cross-claim (I B C) |
| Solarus Projects Pty
Ltd (Receivers and Managers appointed) (in Liquidation) v AAI Limited Trading
as Vero Insurance (No 8) (NSWSC) – insurance - Queensland floods - company was an insured for floods under
project contract works insurance policy (I B) |
| Bodycorp Repairers
Pty Ltd v Australian Associated Motor Insurers Ltd (VSCA)-contract-delay
- extremely late application to add respondent and amend notice of appeal
dismissed (I B) |
| Camping Warehouse
Australia Pty Ltd v Downer EDI Ltd (VSC) -
group proceeding - continuous disclosure obligations - misleading or deceptive
conduct - class closure orders refused (I B) |
| W, DJ (SASC) - Wills and estates
- testamentary capacity - application for statutory will granted in terms
outlined by Court (B) |
| Ireland
v B & M Outboard Repairs (QSC)- negligence-contract
- injuries suffered in fire on boat - breach of duty of care and implied term -
outboard repairers liable (I B) |
| Summaries With Link (Five Minute Read) |
Metaxoulis
v McDonald’s Australia Ltd
[2015] NSWCA 95
Court of Appeal of New South
Wales
McColl, Basten & Macfarlan
JJA
Negligence - child got stuck on
playground equipment in McDonald’s restaurant while playing in back area of
playground where children were not supposed to play - appellant slipped and fell
from height of about two metres after climbing over equipment and rescuing
child - appellant suffered aggravation of pre-existing injury to wrist and a
minor rib injury-appellant sued McDonalds-primary judge found for McDonalds and
undertook hypothetical assessment of damages at $78,911.95 - ss5B, 5D, 13, 16; Pt
8 Civil Liability Act 2002 (NSW) - held:
McDonald’s breached duty of care by failing to prevent unauthorised access to
back area of playground-causation established - quantification of damages for
non-economic loss not manifestly inadequate-damages awarded for past economic
loss for period extending beyond initial three months - damages awarded for
future economic loss due to appellant’s diminution in ability to pursue
full-time employment-allowance awarded for domestic assistance at commercial
rates-appeal allowed.
Metaxoulis
(I)
|
Built
NSW Pty Ltd v Politic Pty Ltd
[2015] NSWSC 380
Supreme Court of New South
Wales
Ball J
Pleadings - plaintiff claimed
amounts allegedly due under contract by which it agreed to carry out
refurbishment works for defendant - defendant sought to amend its cross-claim and
its reply to defence to cross-claim, and to file additional evidence out of
time-strength of claims - explanation for delay - whether allowing amendments would
necessitate adjournment-prejudice - held: defendant permitted to file amended statement
of cross-claim insofar as it pleaded floor space area term was express or
implied term of the contract and rectification claim - plaintiff granted leave to
make application to revoke leave to file amended statement of cross-claim
insofar as it pleaded rectification claim on 48 hours’ notice.
BuiltNSW
(I B C)
|
Solarus
Projects Pty Ltd (Receivers and Managers appointed) (in Liquidation) v AAI Ltd
Trading as Vero Insurance (No 8)
[2015] NSWSC 412
Supreme Court of New South
Wales
Campbell J
Insurance - plaintiff sued
insurer on policy of Project Contract Works Insurance in relation to works allegedly
damaged by flooding during successive cyclone seasons in Queensland in 2008 and
2009 - separate determination whether plaintiff was an “Insured” within meaning
of policy at the time each flood occurred - meaning of policy - whether
established on balance of probabilities plaintiff was within class covered by extended
definition of “Insured” in policy -
held: plaintiff was an insured during
both floods by operation sub-paragraph (b) of definition of “Insured” in the
schedule to the policy.
Solarus
(I B)
|
Bodycorp
Repairers Pty Ltd v Australian Associated Motor Insurers Ltd [2015] VSCA 59
Court of Appeal of Victoria
Beach JA
Contract - appellant commenced
proceedings in 2002 for breach of contract and alleged inducing of breaches of
contract-eight defendants in proceedings including present respondents - matter
came on for trial more than ten years after proceedings commenced-trial judge
rejected appellant’s claims - appellant appealed - appellant terminated
services of solicitors and counsel - sole director sought leave to appear on
appellant’s behalf and sought adjournment to enable appellant to instruct new
lawyers-Court granted adjournment on terms - appellant sought leave to add
respondent and to amend notice of appeal - held: appellant’s complaints without
merit - no sufficient explanation for extremely late application to
significantly expand scope of appeal - Court not persuaded appellant ought to be
permitted to raise new arguments-applicant to add respondent rejected - application
dismissed.
Bodycorp
(I B)
|
Camping
Warehouse Australia Pty Ltd v Downer EDI Ltd
[2015] VSC 122
Supreme Court of Victoria
Sifris J
Class closure orders - group
proceeding commenced on behalf of people who acquired or held shares in
defendant - claims for loss and damage caused by defendant’s conduct relating to
alleged breaches of its continuous disclosure obligations under s674 Corporations Act 2001 (Cth) and alleged
misleading or deceptive conduct - defendant sought class closure orders-ss332F
& 332G Supreme Court Act 1986
(Vic) - effect of earlier funded proposed class action which was compromised
before proceedings commenced (Members Settlement) - held: too early for class
closure orders to be made - pleadings not closed - insufficient information
about nature and extent of Members’ Settlement - Court did not accept defendant
unable to work out range of quantum involved-summons dismissed.
Camping
(I B)
|
W,
DJ [2015] SASC 45
Supreme Court of South
Australia
Gray J
Wills and estates-statutory
will-testamentary capacity - application for making statutory will - DJW seriously
injured as result of complicated birth - compromise of personal injury
proceedings approved-parties agreed on terms of draft Will-held: Court
satisfied DJW lacked testamentary capacity - order for statutory will should be
made-Court not satisfied terms of proposed will accurately reflected DJW’s likely
testamentary intentions-Court outlined testamentary dispositions reflecting
DJW’s likely testamentary intentions-it was desirable for an intestacy to be
avoided by allowing application for statutory will in those terms.
W
(B)
|
Ireland
v B & M Outboard Repairs
[2015] QSC 84
Supreme Court of Queensland
North J
Negligence-contract-implied term-defendants
were partners in business including maintenance, repair and modification of outboard
marine engines-plaintiff claimed he suffered injury including psychiatric
illness as a result of fire which broke out when he engaged ignition to start
outboard motor of boat in 2006 - defendants had replaced fuel lines of boat and
installed electric fuel pump in 2004 - plaintiff claimed fire and injury caused
by defendants’ breach of contract and duty of care to him-it was admitted on
pleadings defendants obliged under implied term of agreement with plaintiff to
act with reasonable skill and care and diligence in performing services under agreement
and that defendants owed plaintiff a duty of care to act with reasonable skill,
care and diligence - by recommending and installing non-marine grade electric
pump defendants breached implied term and duty of care-breaches necessary
condition of plaintiff’s injury, loss and suffering-judgment for plaintiff.
Ireland
(I B)
|
