| Dustday Investments
Pty Ltd v Minister for Planning (VSC) - environment and planning - amendment to
planning scheme to include building in heritage overlay - no error by panel -
proceeding dismissed |
| City of Albany v
Cuscuna Nominees Pty Ltd (WASC) - planning and development - prosecution
for failure to obtain planning approval - no case to answer - appeal dismissed |
| Wormleaton v Thomas
& Coffey Ltd (No 4) (NSWSC) - work injury damages - employer’s duty
of care - severe crush injury - employer not liable |
| Summaries With Link (Five Minute Read) |
Dustday
Investments Pty Ltd v Minister for Planning
[2015] VSC 101
Supreme Court of Victoria
Garde J
Environment and planning - plaintiff
sought permit under Planning and
Environment Act 1987 (Vic) to demolish building it owned - delegate authorised
Council to prepare amendment to planning scheme which included building in
heritage overlay of scheme - plaintiff opposed amendment - panel recommended
amendment be adopted - council resolved to adopt amendment - plaintiff sought
declaration that panel’s recommendation and Council’s resolution were invalid -
held: panel did not identify wrong issue or ask wrong question - panel did not
make legal error by failing to take into account social or economic matters or condition
and potential for conversion and adaptive reuse of building - proceeding
dismissed.
Dustday
|
City
of Albany v Cuscuna Nominees Pty Ltd
[2015] WASC 91
Supreme Court of Western Australia
Chaney J
Planning and development - respondent
charged with offence under s218(1)(a) Planning
and Development Act 2005 (WA) for carrying out development without
obtaining planning consent from council - Magistrate upheld respondent’s
submission there was no case to answer - appellant sought to appeal decision - proper
construction of approval - held: Magistrate did not err in finding respondent had applied for planning consent for shopping
centre development being carried out during prosecution period - no error in analysis of
departures in construction from approved plans - appeal dismissed.
Albany
|
Wormleaton
v Thomas & Coffey Ltd (No 4)
[2015] NSWSC 260
Supreme Court of New South Wales
Campbell J
Work injury damages - employer’s duty of
care - quantum of damages - plaintiff
claimed damages for severe crush injury suffered at work - two defendants
admitted breach of duty of care - workers compensation nominal insurer, which
was party instead of employer, disputed liablity - quantum of damages - held: particular
risk which materialised was beyond scope of employer/employee relationship -
even if there was breach by employer, it did not cause worker’s injury - employer not liable - no contributory
negligence by worker - damages assessed - judgment for worker against first
defendant in sum of $2,286,832.00 - judgment for worker against second
defendant in sum of $2,286,832.00
Wormleaton
|
