| BlueScope
Steel Ltd v Cartwright (NSWCA) – work injury damages – truck
accident - excessive speed – BlueScope Steel and insurer not liable – appeal
allowed
|
| McGeown
v NSW Land and Housing Corporation (NSWCA) – landlord and tenant
– breach of lease by ceasing personally to occupy premises – appeal dismissed
|
| Snow v
Snow (NSWSC) – summary disposal – family provision – abandonment
of claim - proceedings dismissed
|
| Milstern
Nominees Pty Ltd v Chief Commissioner of State Revenue (NSWSC)
– taxation – exemption from landholder duty for acquisition of shares in
company
|
| Ban v
The Public Trustee of Queensland (QCA) – Wills – administration
of estate – appeal from orders in respect of matter arising under Will
dismissed
|
| Gardner
v Mattila (NTCA) – evidence – equity – dispute arising from
development of store and caravan park – appeal dismissed – cross-appeal allowed
|
| Summaries With Link (Five Minute Read) |
BlueScope Steel Ltd v
Cartwright
[2015] NSWCA 25
Court
of Appeal of New South Wales
Beazley
P; Ward & Emmett JJA
Work
injury damages - workers compensation - motor vehicle accident - employer
contracted with steel manufacturer for transport of steel in containers - truck
driver was driving prime mover with attached trailer containing heavy container
- truck driver claimed damages for injuries when trailer lurched and rolled -
Court held accident caused by tipping of unstable load and that both
manufacturer and employer breached duty of care to truck driver - manufacturer
had primary liability due to its inadequate packing system, which employer was
contractually required to follow - liability apportioned at 85% for steel
manufacturer - 15% for employer - held: accident would not have occurred unless
prime mover travelling at speed in excess of limit - truck driver failed to
establish inadequacy of wedges caused accident - truck driver entirely
responsible for injuries - appeal allowed.
BlueScope Steel Ltd
|
McGeown v NSW Land and Housing
Corporation
[2015] NSWCA 23
Court
of Appeal of New South Wales
McColl,
Macfarlan & Sackville AJA
Landlord
and tenant - parties entered lease in respect of residential unit - applicant
sought leave to appeal from decision of Appeal Panel of New South Wales Civil
and Administrative Tribunal to dismiss appeal from Tribunal’s termination of
residential tenancy agreement on basis applicant had ceased personally to occupy the premises -
Appeal Panel upheld Tribunal’s decision that applicant was in breach of lease
and that respondent entitled to order requiring applicant to give up possession
- construction of lease - ceased
personally to occupy the premises - held: at time respondent served Notice
of Termination, applicant had been incarcerated for about eight months -
applicant had ceased to be in personal occupation of premises and thereby
breached the lease - appeal dismissed.
McGeown
|
Snow v Snow [2015] NSWSC 90
Supreme
Court of New South Wales
Hallen
J
Summary
disposal - succession - defendant sought order pursuant to r12.7 Uniform Civil Procedure Rules 2005 (NSW)
that plaintiff’s proceedings be dismissed for failure to prosecute with due
despatch - held: Court inferred on whole of evidence that plaintiff had
effectively abandoned proceedings - Court satisfied plaintiff had not taken any
steps to prosecute proceedings since July 2014 and that real attempts had been
made to locate the plaintiff who appeared to wish not to be located - estate
was likely to be insolvent - dismissal of proceedings justified.
Snow
|
Milstern Nominees Pty Ltd v
Chief Commissioner of State Revenue
[2015] NSWSC 68
Supreme
Court of New South Wales
White
J
Taxation
- plaintiff sought pursuant to s97 Taxation
Administration Act 1996 (NSW) to review decision of Chief Commissioner not
to grant plaintiff exemption under s163H Duties
Act 1997 (NSW) in respect of its acquisition of shares in company - company
was discretionary object of discretionary trust with meaning of Duties Act -
company owned or was entitled to property subject of the trust for purpose of
Duties Act - by acquiring shares plaintiff made a relevant acquisition of
significant interest under Duties Act - Commissioner decided not to grant
exemption - whether just and reasonable that Duties Act applied to acquisition
of shares where company as matter of fact did not own or control land or have
any expectation of receiving land or any proceeds of sale or any income from it
- held: Court satisfied discretion should be exercised to exempt plaintiff from
landholder duty in respect of value of assets of trust which it was taken to
own for purposes of Duties Act.
Milstern Nominees Pty Ltd
|
Ban v The Public Trustee of
Queensland
[2015] QCA 18
Court of Appeal of Queensland
Holmes, Gotterson & Morrison JJA
Succession - trusts and trustees -
controversial administration of estate - appellant appealed from orders made by
Chief Justice on application by Public Trustee in respect of various matter
arising under Will of deceased - appellant also sought to set aside Supreme
Court orders made in 2012 - appellant contended s134 Public Trustee Act 1978 (Qld) was unconstitutional as being beyond
power of State legislature - held: appellant’s main challenge proceeded on
misapprehension as to nature and operation of s 134 - grounds of appeal failed -
applicant unable to identify any basis upon which Court had power to set aside
perfected orders - appeal dismissed - application refused.
Ban
|
Gardner
v Mattila
[2015] NTCA 1
Court of Appeal of the Northern Territory
Kelly, Barr & Hiley JJ
Evidence - equity - parties entered lease
agreement to develop store and caravan park on land which respondent inherited
from father’s estate - development financed by sale of parcels of land which
respondent also inherited - parcels sold by first appellant using power of
attorney granted by respondent - respondent made various claims against first
appellant - primary judge found in favour of respondent on undue influence
claims, claims for misappropriation of money, negligent sale of land and claim
for declaration that lease was void - primary judge gave judgment for first
appellant on quantum meruit claim - parties appealed and cross-appealed - first
appellant’s essential complaint was that trial judge accepted respondent’s
submission that Mrs Gardner had lied in giving evidence - held: no reason why
trial judge ought not to have accepted respondent’s evidence - appeal dismissed
- cross appeal against first appellant concerning alleged breaches of duty in
relation to trust money spent on building works which were uncommercial
allowed.
Gardner
|
