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Szajna v Australian
Postal Corporation (FCA) - workers compensation
- AAT misconstrued injury - error of
law - appeal allowed (I G)
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Kafataris v Davis (NSWSC)
- equity - trusts - patents - declaration that plaintiff was inventor refused - no misuse of
confidential information (I B)
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Eastland Truss & Timber Pty Ltd v Byrnes t/as Qualibuilt Constructions (NSWSC) - security of payments - no jurisdictional error in adjudicator's determination - summons dismissed (C G)
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Mason v Transport Accident
Commission (VSCA) - accident compensation - psychiatric
injury - leave refused to bring proceedings for damages - appeal dismissed (I
G)
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Ausfert Pty Ltd v
Superfert Dongbu Pty Ltd (SASC) - cross-vesting -
proceedings arising out of joint venture transferred to Supreme Court of
Western Australia (I B)
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Du Pradal v Petchell (QSC)
- negligence - snorkeller run over by boat - boat driver liable (I)
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Menzie v Motor
Accidents Insurance Board (TASSC) - extension of time
to serve notice of intention to bring proceedings against Motor Accidents
Insurance Board (I G)
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| Summaries With Link (Five Minute Read) |
Szajna v Australian
Postal Corporation
[2014] FCA 1136
Federal Court of Australia
Rangiah J
Workers compensation - applicant's husband employed at
respondent's facility as mail officer - husband died at place of work - death
caused by ventricular fibrillation brought on by underlying coronary artery
disease - Administrative Appeals Tribunal affirmed respondent's determination
that applicant was not entitled to compensation under s14 Safety, Rehabilitation and Compensation Act 1988 (Cth) for husband's
death - applicant submitted AAT erred by misconstruing injury in s5A(1) - whether AAT erred in finding an inevitable
consequence of an underlying disease was not an injury - held: AAT erred in law
by concluding that defined term injury
incorporated a legal principle that did not exist - AAT also erred in misconstruing
injury in phrase injury (other than a disease) in s5A(1)(b) - appeal allowed.
Szajna
(I G)
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Kafataris v Davis [2014] NSWSC 1454
Supreme Court of New South Wales
Sackar J
Equity - trusts - misuse of confidential information - plaintiffs
sought relief in relation to invention subject of patent application, and relief
on basis of agreements, estoppel, misleading and deceptive conduct, unconscionability
and breach of copyright - plaintiffs reduced case to whether plaintiff should
be regarded as an inventor within s15 Patents
Act 1990 (Cth) and whether there had been misuse of plaintiff's
confidential information by defendants - material contribution to final form of
invention - extent to which information confidential in nature - held:
plaintiff not entitled to declaration that he was inventor or declaration of
constructive trust in his favour on basis of breach of confidence - judgment
for defendants.
Kafataris
(I B)
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Eastland Truss &
Timber Pty Ltd v Byrnes t/as Qualibuilt Constructions [2014] NSWSC 1461
Supreme Court of New South Wales
Bergin CJ in Eq
Security of payments - parties entered into contract
pursuant to which defendant was to carry out carpentry works for plaintiff -
plaintiff sought declaration that adjudication made pursuant to Building and Construction Industry Security
of Payment Act 1999 (NSW) was void - plaintiff sought to restrain defendant
from proceeding with enforcement of judgment pursuant to adjudication
certificate - held: Court satisfied process on which adjudicator embarked was
consistent with obligations under s22 - adjudicator did not fail to comply with
basic requirement to determine whether construction work had been performed or
its value - adjudicator concluded in determination that adjudicated amount was
that as claimed in payment claim - no jurisdictional error - summons dismissed.
Eastland Truss & Timber Pty Ltd
(C G)
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Mason v Transport
Accident Commission
[2014] VSCA 267
Court of Appeal of Victoria
Warren CJ; Ashley & Whelan JJ
Accident compensation - applicant sought leave to bring
proceedings for damages pursuant to s93 Transport
Accident Act 1986 (Vic) - trial judge refused application - applicant
contended trial judge erred in failing to be satisfied applicant had
established any psychiatric injury from which she was suffering was caused by
road traffic accident involving her mother in 2006 and her mother's death
thereafter - applicant also contended trial judge's reasons were insufficient -
held: trial judge did not err in assessment of applicant's medical history and
causes of her various injuries and conditions - reasons sufficiently revealed
applicant's claim failed because trial judge not satisfied of reliability of
applicant's account of symptoms to experts - no error in finding causation not established
on evidence - leave to appeal granted - appeal dismissed.
Mason
(I G)
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Ausfert Pty Ltd v
Superfert Dongbu Pty Ltd
[2014] SASC 157
Supreme Court of South Australia
Parker J
Cross-vesting - parties were involved in business of
manufacturing and supplying
fertiliser products - proceedings arising out of a joint
venture relating to fertiliser industry - second defendant sought transfer of proceedings
to Supreme Court of Western Australia under s5(2)(b)(iii) Jurisdiction of Courts (Cross-vesting) Act 1987 (SA) - held: there
was complete lack of connection with South Australia except for plaintiff's
choice of solicitor - all relevant Australian connections were with Western
Australia - interests of justice required transfer of proceedings.
Ausfert Pty Ltd
(I B)
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Du Pradal v Petchell [2014] QSC 261
Supreme Court of Queensland
Mullins J
Negligence - first plaintiff injured while snorkelling
when run over by motor boat driven by defendant - third party was in first
plaintiff's motor boat at time of accident - defendant failed to comply with
speed limit - defendant noticed plaintiff's orange dive float but failed to
slow down and navigate path clear of the dive float and diver – defendant
claimed first plaintiff's negligence caused or contributed to accident -
defendant also claimed contribution or indemnity from third party - first
plaintiff's employer brought claim for damages against defendant for action per quod servitium amisit - ss9, 11, 12,
23 & 59 Civil Liability Act 2003
(Qld) - held: first plaintiff established accident was caused by defendant's breach
of duty of care owed to him - no contributory negligence - defendant's claim against
third party dismissed on basis that either there was no duty of care owed by third
party to first plaintiff or, if there were, there was no breach - employer's
claim against defendant dismissed - judgment for first plaintiff.
Du Pradal
(I)
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Menzie v Motor
Accidents Insurance Board
[2014] TASSC 57
Supreme Court of Tasmania
Holt AsJ
Insurance - motor vehicles - applicant sought to commence
action against Motor Accidents Insurance Board for damages for injury suffered in
motor vehicle accident - accident claimed to have been fault of driver of unidentified
motor vehicle - applicant did not issue notice of intention to make claim
within three month period in s16 Motor
Accidents (Liabilities and Compensation) Act 1973 (Tas) - applicant sought
order extending time for issue of notice to Board - held: applicant had viable
claim - delay in notifying Board of intention to bring claim explained - chances
of a fair trial had not been lost - Court persuaded justice of the case lay with
grant of the extension sought.
Menzie
(I G)
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