| Independent
Commission Against Corruption v Cunneen (HCA) - administrative law -
statutory interpretation - ICAC had no power to investigate alleged conduct as
it was not corrupt conduct under Independent Commission Against Corruption
1988 (NSW) - appeal dismissed |
| Rockdale City Council
v Simmons (NSWCA)
- negligence - cyclist injured in collision with boom gate - council liable -
appeal dismissed - cross-appeal allowed in part |
| Gacic v John Fairfax
Publications Pty Ltd (NSWCA) - damages - defamation - action arising out of review of
restaurant - appeal and cross-appeal allowed |
| Benton
v QBE Workers Compensation (NSW) Ltd (NSWCA) - summary dismissal - workers compensation - abuse of process - leave
to appeal refused |
| Vincent v Woolworths
Ltd and Vincent v Counterpoint Marketing & Sales Pty Ltd (NSWSC) - negligence - work
injury damages - collision with trolley at supermarket - neither occupier nor
employer liable |
| Matton Developments
Pty Ltd v CGU Insurance Ltd (No 2) (QSC) - insurance policy - contractors and
plants insurance policy did not respond to crane owner’s claim arising from collapse of crane boom |
| Brozinic
v The Federal Capital Press Pty Ltd t/as The Canberra Times (ACTCA) - negligence
- appellant injured by fire door on company’s premises - company not liable |
| Summaries With Link (Five Minute Read) |
Independent
Commission Against Corruption v Cunneen
[2015] HCA 14
High Court of Australia
French
CJ; Hayne, Kiefel, Gageler & Nettle JJ
Administrative
law - statutory interpretation - ICAC decided to investigate first respondent Deputy
Senior Crown Prosecutor - Prosecutor challenged inquiry on basis allegations
could not constitute corrupt conduct
under s8(2) Independent Commission
Against Corruption 1988 (NSW) - meaning of expression adversely affects, or that could adversely affect ... the exercise of
official functions by any public official in definition of corrupt conduct in s8(2) - ss2A, 8, 9,
12A - held (by majority; Gageler J
dissenting): preferred meaning of adversely
affect was “adversely affect or could adversely affect the probity of the exercise of an official
function by a public official” - not
disputed that if expression had this meaning then the alleged conduct was not corrupt conduct within meaning of s8(2)
- Commission had no power to investigate alleged conduct - special leave to
appeal granted - appeal dismissed.
ICAC
[From Benchmark 16 April 2015] |
Rockdale
City Council v Simmons
[2015] NSWCA 102
Court
of Appeal of New South Wales
Beazley
P; McColl & Barrett JJA
Negligence
- respondent injured while riding bicycle through carpark adjacent to club when
he struck boom gate which was closed across entrance - plaintiff sued council
and club - primary judge found council liable - contributory negligence
assessed at 20% - s5B Civil Liability Act
2002 (NSW) - held: primary judge did not err in finding council owed duty
of care to respondent or that it breached duty of care - no error in finding of
causation or in finding council was not exercising “special statutory power”
under s43A - no error in refusal to find club owed duty of care to respondent -
primary judge erred in finding of contributory negligence - appeal dismissed -
cross-appeal allowed in part.
Rockdale
[From Benchmark 20 April 2015] |
Gacic
v John Fairfax Publications Pty Ltd
[2015] NSWCA 99
Court of Appeal of New South
Wales
McColl, Macfarlan &
Barrett JJA
Damages - defamation - action arising
out of review published by respondents of restaurant conducted by appellants - judgment given in respondents’ favour
(liability judgment) - Court of appeal upheld appellants’ appeal - matter remitted for assessment of damages - appellants
contended primary judge’s award of damages was inadequate and that primary
judge erred by not back-dating judgment to date of liability judgment -
respondents contended primary judge erred in consideration of plea in
mitigation of damages and that award of damages excessive - held: primary judge
erred in award of aggravated damages by failing to take into account
respondents’ failure to apologise and imputations’ falsity - primary judge
erred in failing to back-date judgment - primary judge erred by not ordering
first respondent to pay exemplary damages for continuing publication of review
- primary judge erred in failing to conclude certain statements by reviewer
were statements of fact relevant to appellants’ reputations and contextual
background - compensatory damages and exemplary damages increased - damages
reduced for mitigation factors - appeal allowed - cross-appeal allowed.
Gacic
[From Benchmark 20 April 2015] |
Benton
v QBE Workers Compensation (NSW) Ltd
[2015] NSWCA 101
Court of Appeal of New South
Wales
Meagher & Ward JJA;
Adamson J
Workers compensation - worker sued
former employer’s workers’ compensation insurer for damages for injuries in
slip and fall while attempting to alight from cabin of prime mover - District
Court summarily dismissed claim on basis proceedings were abuse of process
because worker was seeking to re-litigate matters conclusively determined against
him in previous proceedings he brought against truck owner - held: no error in House v The King sense in exercise of
primary judge’s discretion to summarily dismiss proceedings - appellate
intervention not warranted - no error in primary judge’s conclusion proceedings
were abuse of process - any appeal on that basis bound to fail - leave to
appeal refused
Benton
[From Benchmark 21 April 2015] |
Vincent
v Woolworths Ltd and Vincent v Counterpoint Marketing & Sales Pty Ltd [2015] NSWSC 435
Supreme Court of New South
Wales
Campbell J
Negligence - work injury
damages - plaintiff part-time merchandiser sued Woolworths and employer in
separate proceedings for injuries suffered in course of employment in collision
with trolley at supermarket - Woolworths
and employer cross-claimed against the other - 5B Civil
Liability Act 2002 (NSW) - held: no breach of duty of care by Woolworths as
occupier - collision occurred because neither customer or plaintiff looked
where they were going as ordinary care usually required - employer not
negligent - plaintiff’s accident resulted from failure of her and customer to
see each other - judgment for defendants.
Vincent
[From Benchmark 21 April 2015] |
Matton
Developments Pty Ltd v CGU Insurance Ltd (No 2) [2015] QSC 72
Supreme Court of Queensland
Flanagan J
Insurance policy - contractors
and plants insurance - insurance company refused to indemnify crane owner for
damage to crane when boom collapsed - competing hypotheses concerning
circumstances in which boom collapsed - construction of policy - operation of
exclusion clauses - ss13 & 54 Insurance
Contracts Act 1984 (Qld) - held:
policy did not respond to plaintiff’s claim - allegation that insurance company
breached the contract of insurance failed - claim dismissed.
Matton
[From Benchmark 16 April 2015] |
Brozinic
v The Federal Capital Press Pty Ltd t/as The Canberra Times [2015] ACTCA 8
Court of Appeal of the
Australian Capital Territory
Burns & Gilmour JJ;
Cowdroy AJ
Negligence - appellant cleaning
supervisor injured while entering premises of company when struck by fire door
being opened by company’s employee - plaintiff settled claim against employer
in relation to injuries suffered in door incident and previous work injury -
plaintiff alleged company negligent by not installing door with window through which
persons approaching the door might be viewed - Master found no breach of duty
by company - appellant appealed - held: Master correctly applied test for
negligence in s 42 Civil Law (Wrongs) Act
2002 (ACT) - mere fact that risk of injury present on company’s premises
not sufficient to render company liable - there was absence of evidence to
justify conclusion company could have, or should have, taken measures to avoid risk
of injury when risk was not significant on evidence - appeal dismissed.
Brozinic
[From Benchmark 22 April 2015] |
Swallows
By Leonora Speyer
They dip their wings in the sunset,
They dash against the air
As if to break themselves upon its stillness:
In every movement, too swift to count,
Is a revelry of indecision,
A furtive delight in trees they do not desire And in grasses that shall not know their weight.
They hover and lean toward the meadow
With little edged cries;
And then,
As if frightened at the earth’s nearness, They seek the high austerity of evening sky And swirl into its depth.
Leonora Speyer |
