| 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
|
| Clarke
v State of NSW (NSWCA) – pleadings – bias – leave to appeal
from dismissal of proceedings refused
|
| 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
|
Clarke v State of NSW [2015] NSWCA 27
Court
of Appeal of New South Wales
McColl
& Ward JJA
Pleadings
- applicant sought leave to appeal from dismissal of statements of claim in
malicious prosecution proceedings and conspiracy proceedings (conspiracy
judgment), and dismissal of amended statement of claim in wrongful arrest
proceedings (bias judgment) - held: proposed appeal from conspiracy judgment
hopeless and out of time - applicant did not demonstrate any arguable error in
bias judgment - summons for leave to appeal dismissed with costs.
Clarke
|
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
|
