| Wormleaton v Thomas
& Coffey Ltd (No 4) (NSWSC) - work injury damages - employer’s duty
of care - severe crush injury - employer not liable (I C) |
| IAG Ltd trading as
NRMA Insurance v Tran (NSWSC) - motor accidents compensation - no
error in assessment for future loss of earning capacity (I G) |
| Moore v Scenic Tours
Pty Ltd (NSWSC) - representative proceedings - firm of solicitors not restrained
from acting for plaintiff (I) |
| 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 (C G) |
| Devren Pty Ltd v Old
Coach Developments Pty Ltd (QSC) - contract - joint venture - no breach of
contractual or fiduciary duties - claim dismissed (I B) |
| 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 (C G) |
| Lane v Chaplin (TASFC) - traffic law
- driver’s negligent driving caused death of child - appeal allowed (I) |
| Summaries With Link (Five Minute Read) |
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 (I C)
|
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 (I G)
|
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 (I)
|
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 (C G)
|
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 (I B)
|
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 (C G)
|
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 (I)
|
