| Russell
Gould Pty Ltd v Ramangkura (No 2) (NSWCA) - restitution -
leave to re-open appeal - no failure to make essential finding - appeal
dismissed
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| Smith
v Marshall [No 2] (WASC) - defamation - impugned imputations
struck out
|
| McFadyen
v Jenson (ACTSC) - motor vehicle accident - liability
admitted - credit - medical evidence - damages assessed
|
| Summaries With Link (Five Minute Read) |
Russell
Gould Pty Ltd v Ramangkura (No 2) [2015] NSWCA 14
Court of Appeal of New South Wales
Bathurst CJ; Barrett & Ward JJA
Restitution - appellant company sought
leave to re-open appeal in which judgment was given - company contended Court
did not make finding essential to conclusion it reached, which was that
director (Mr Gould) had company’s authority to cause amount of company’s money
to be expended in satisfaction of indebtedness of company to director - held:
Mr Gould had authority to cause company to pay amount to him by way of
reduction of company’s on-demand indebtedness to him and to effectuate payment
by drawing on company’s account with bank - leave granted to re-open - appeal
dismissed.
Russell Gould Pty Ltd
|
Smith
v Marshall [No 2]
[2015] WASC 62
Supreme Court of Western Australia
K Martin J
Pleadings - defamation - action arising
out of publication to Australian Shareholders’ Association as well as three
other persons by open letter - defendants challenged natural and ordinary
meaning imputations in plaintiff’s amended statement of claim - popular or
false innuendos - defendants claimed imputations were manifestly groundless or
untenable meanings, and that they were also embarrassing - held: three of four
impugned imputations struck out.
Smith
|
McFadyen
v Jenson
[2015] ACTSC 12
Supreme Court of the Australian Capital
Territory
Burns J
Damages - negligence - plaintiff was
driving motor vehicle which was stationary in traffic when vehicle driven by
first defendant collided with rear of plaintiff’s vehicle - second defendant
was first defendant’s third party insurer - plaintiff injured as result of
collision - extent of injury in dispute - defendants admitted liability -
assessment of damages - medical evidence - credit - held: plaintiff was honest
witness - damages assessed at $104,447.95 - judgment for plaintiff.
McFadyen
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