Lane v Chaplin (TASFC) - traffic law
- driver’s negligent driving caused death of child - appeal allowed |
IAG Ltd trading as
NRMA Insurance v Tran (NSWSC) - motor accidents compensation - no
error in assessment for future loss of earning capacity |
Moore v Scenic Tours
Pty Ltd (NSWSC) - representative proceedings - firm of solicitors not restrained
from acting for plaintiff |
Devren Pty Ltd v Old
Coach Developments Pty Ltd (QSC) - contract - joint venture - no breach of
contractual or fiduciary duties - claim 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) |
Lane
v Chaplin [2015]
TASFC 4
Full Court of the Supreme Court of
Tasmania
Tennent, Wood & Escourt JJ
Traffic law -
negligent driving - child struck and killed by vehicle while crossing road - Magistrate
found driver’s negligent driving caused child’s death - driver also found
guilty of speeding - driver sought review of decision - Chief Justice dismissed
count of causing death by negligent driving - appellant contended Chief Justice
erred in finding it was not open to Magistrate to conclude defendant’s driving
was negligent and causative of child’s death- held: for 50 metres prior to collision
and only seconds before collision, driver was under duty of care to travel at
40km/h and he did not - had driver done so, collision would not have occurred -
common sense notions of causation resolved question adversely to driver - driver’s
negligence necessary and sufficient cause of occurrence of harm to child -
appeal allowed. Lane
|
IAG
Ltd trading as NRMA Insurance v Tran
[2015] NSWSC 263
Supreme Court of New South Wales
Hall J
Motor accidents compensation - claims
assessor made assessment in favour of claimant - insurer sought to challenge component of award
for future loss of earning capacity -
insurer contended award not an assessment properly made under s94 Motor
Accidents Compensation Act 1999 (NSW) - judicial fact-finding in case
involving expert evidence - whether evidence for finding of ageing process
compounding injuries - held: nature of claim for future impairment of earning
capacity was for assessment of ‘a buffer’, not an award based on assessed
weekly loss of future earnings - medical evidence put insurer plainly on notice
of nature of claim - no procedural
unfairness in way claims assessor approached assessment - no error of law
established - summons dismissed. IAG
|
Moore
v Scenic Tours Pty Ltd
[2015] NSWSC 237
Supreme Court of New South Wales
Garling J
Representative proceedings - plaintiff
commenced representative proceedings pursuant to Pt 10 Civil Procedure Act 2005 (NSW) against defendant - defendant sought
to have firm restrained from acting for plaintiff as his legal advisers - ultimate
controller and majority owner of firm fell within definition of group members -
son of ultimate controller was sole director of litigation funder - whether
there was a family interest principle
- held: defendant did not demonstrate any direct or indirect financial
connection between firm and litigation funder - ultimate controller had no role
to play as solicitor for plaintiff and group members - no inappropriate
arrangement or offence to administration of justice - plaintiff entitled to
solicitor of his choice - notice of motion dismissed. Moore
|
Devren
Pty Ltd v Old Coach Developments Pty Ltd
[2015] QSC 53
Supreme Court of Queensland
Boddice J
Corporations - plaintiff sought relief
against defendants in respect of transactions entered in consequence of joint
venture agreement - plaintiff claimed it suffered loss due to defendants’
breaches of agreement and breaches of fiduciary duty - multiple causes of
action relied upon - central issue whether person listed as director of plaintiff
had authority to bind plaintiff - whether person convicted of fraud was
director - whether actual or ostensible authority to act on plaintiff’s behalf
- doctrine of lingering apparent
authority - held: plaintiff failed to establish any breach of contractual
duty by defendants - defendants’ actions in accordance with instructions of person
who at all times had ostensible authority to bind plaintiff - no breach of fiduciary duty by defendants -
claim dismissed. Devren
|
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
|