| Allen v Robbie (NSWCA) - negligence - motor vehicle accident - appellant driver liable for respondent’s injury in motor vehicle accident - appeal dismissed (I) |
| Rankin v Gosford City Council (NSWCA) - negligence - motorcyclist injured in collision with barriers moved by unlawful conduct of third parties - Council did not owe motorcyclist duty of care to avoid creation of risk by third parties’ unlawful acts - appeal dismissed (I) |
| Hollingsworth v Bushby (NSWCA) - judicial review - refusal of permission to give evidence in relation to application for leave to appeal was not a denial of procedural fairness - summons dismissed (I G) |
| Erickson v Bagley (VSCA) - negligence - occupier’s liability - appellant injured when walking on driveway of premises in darkness - occupiers not liable - appeal dismissed (I) |
| Saafin Constructions Pty Ltd v Vidak (VSC) - real property - caveat - application for removal of caveat granted (B C) |
| Diploma Construction (WA) Pty Ltd v South Central WA Pty Ltd (WASC) - building and construction - confirmation of building remedy order - open to Tribunal to be satisfied that construction of stormwater drainage system unsatisfactory by reason only of deficiencies in system’s design - appeal dismissed (B C) |
| Singh v Cooper (ACTSC) - assessment of damages - motor vehicle accident - past and future economic loss - other aspects of damages - damages assessed (I) |
| Summaries With Link (Five Minute Read) |
Allen v Robbie [2015] NSWCA 247
Court of Appeal of New South Wales
McColl & Simpson JJA; Harrison J
Negligence - motor vehicle accident - respondent injured when struck by motor vehicle driven by appellant - respondent sued appellant for damages in negligence - primary judge found accident caused by appellant’s negligence and gave judgment for respondent with no discount for contributory negligence - appellant appealed - held: appellant failed to demonstrate connection between nominated failures to find specific facts and erroneous outcome - primary judge entitled to conclude appellant at fault in circumstances - primary judge did not misapply s5B Civil Liability Act 2002 (NSW) - no error in conclusion on contributory negligence - no error in approach to economic loss - appeal dismissed.
Allen (I)
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Rankin v Gosford City Council [2015] NSWCA 249
Court of Appeal of New South Wales
Basten, Macfarlan & Simpson JJA
Negligence - Council engaged in repairs to section of road - 60 hollow plastic barriers placed along the roadway in lane - unknown persons moved section of chain of barriers - appellant motorcyclist injured in collision with barriers where they crossed lane - appellant sued Council seeking damages for negligence - trial judge dismissed proceedings, finding Council did not owe appellant duty of care extending to protection of him from unlawful conduct of third parties - Pt 5, ss5B, 5C & 45 Civil Liability Act 2002 (NSW) - Dictionary, Roads Act 1993 (NSW) - s45E Transport Administration Act 1988 (NSW) - held: trial judge correct to conclude law did not impose duty on Council to take steps to avoid creation of risk by third parties’ unlawful acts - appeal dismissed.
Rankin (I)
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Hollingsworth v Bushby [2015] NSWCA 251
Court of Appeal of New South Wales
Basten, Macfarlan & Leeming JJA
Administrative law - judicial review - District Court refused applicant leave to appeal against convictions in Local Court for offences under Prevention of Cruelty to Animals Act 1979 (NSW) - District Court also refused to allow applicant to give evidence in relation to application on basis that she failed provide it in affidavit form in accordance with pre-trial directions - applicant sought judicial review under s69 Supreme Court Act 1970 (NSW) - applicant contended she was denied procedural fairness constituting jurisdictional errors - held (by majority): refusal to allow applicant to give evidence was proper exercise of discretion and was not a denial of procedural fairness - applicant did not establish practical prejudice eventuated from ruling - summons dismissed.
Hollingsworth (I G)
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Erickson v Bagley [2015] VSCA 220
Court of Appeal of Victoria
Kyrou & Kaye JJA
Negligence - occupier’s liability - applicant claimed damages for injuries sustained while walking in darkness on driveway of premises owned and occupied by respondents - plaintiff claimed injuries caused by breach of duty and breach of contract by respondents - trial judge found appellant failed to establish respondents d breached duty of care or that alleged breach of duty would have caused the injuries - trial judge dismissed claim - applicant sought leave to appeal - ss14B(3) & s 48(1) Wrongs Act 1958 (Vic) - held: trial judge correct to conclude reasonable occupier would have expected applicant to have at least used his own artificial light source such as a torch - applicant failed to establish that risk of harm in lack of lighting on driveway was not insignificant - appeal dismissed.
Erickson (I)
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Saafin Constructions Pty Ltd v Vidak [2015] VSC 441
Supreme Court of Victoria
Warren CJ
Real property - caveat - plaintiff sought removal of caveat under s90(3) Transfer of Land Act 1958 (NSW) - whether serious question to be tried that first defendant caveator had claimed estate or interest in subject land - whether balance of convenience favoured maintenance of caveat until trial - held: Court not satisfied on evidence that any legally enforceable contract had given first respondent a caveatable interest in property - if it were necessary to decide on balance of convenience Court would consider caveat should be withdrawn - caveat removed.
Saafin (B C)
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Diploma Construction (WA) Pty Ltd v South Central WA Pty Ltd [2015] WASC 289
Supreme Court of Western Australia
Mitchell J
Building and construction - appellant constructed carpark's stormwater drainage system at respondent’s shopping centre following design prepared by engineers it engaged for that purpose - State Administrative Tribunal affirmed building remedy order requiring appellant to install additional below ground stormwater storage - question of law raised by appeal was whether open to Tribunal to be satisfied construction of stormwater drainage system unsatisfactory by reason only of deficiencies in design of system - s3 Building Act 2011 (WA) - ss38 & 58 Building Services (Complaint Resolution and Administration) Act 2011 (WA) - s105 State Administrative Tribunal Act 2004 (WA) - held: question of law answered in affirmative - open to Tribunal to be satisfied construction of system without sufficient underground stormwater storage to accommodate one in 10-year storm event unsatisfactory - Tribunal not precluded from being satisfied by fact appellant received professional engineering advice from contractor - appeal dismissed.
Diploma (B C)
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Singh v Cooper [2015] ACTSC 243
Supreme Court of the Australian Capital Territory
Mossop AsJ
Damages - assessment of damages in relation to motor vehicle accident - principal areas of dispute concerned award of damages for past and future economic loss - degree to which plaintiff’s injuries causative of economic loss - past and future loss of earnings - medical evidence - assessment of other aspects of damages - judgment entered for plaintiff against second defendant in sum of $311,603.
Singh (I)
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