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Richardson v Oracle
Corporation Australia Pty Ltd (No 2) (FCAFC) - costs -
sexual harassment proceedings - presumptive entitlement to indemnity costs
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Jones v TCN Channel
Nine Pty Ltd (NSWSC) - defamation - defences -
contextual truth - imputations struck out
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Ahmet v Chief
Commissioner of Police (VSCA) - subpoena - public
interest immunity - failure to weigh competing considerations - appeal allowed
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Wilson v Liquorland
Australia Pty Ltd (VSC) - administrative law - significant injury - erroneous
determination by medical panel quashed
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Oram v BHP Mitsui
Coal Pty Ltd (VSC) - limitation of actions -
psychiatric injury arising out of mine disaster in 1994 - prejudice
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| Summaries With Link (Five Minute Read) |
Richardson v Oracle
Corporation Australia Pty Ltd (No 2) [2014] FCAFC 139
Full Court of the Federal Court of Australia
Kenny, Besanko & Perry JJ
Indemnity costs - Full Court determined appellant
entitled to increase in damages awarded to her in sexual harassment proceedings
- appellant sought pre-judgment interest and indemnity costs on basis of offer
of compromise - held: respondent did not oppose order for pre-judgment interest
- respondent did not accept offer - appellant succeeded in obtaining judgment sum
larger than offer - Court not satisfied presumptive entitlement of appellant to
indemnity costs should be displaced - mere fact that something unexpected or
unforeseen happened during litigation unlikely to provide reasons justifying
displacement - Court's decision had effected a change to level of awards for
damages in sexual harassment cases - however Court's decision was not other
than orderly development of pre-existing principle - indemnity costs ordered.
Richardson
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Jones v TCN Channel
Nine Pty Ltd
[2014] NSWSC 1453
Supreme Court of New South Wales
McCallum J
Defamation - defences - contextual truth - action arising
out segment on television programme - plaintiff objected to two contextual
implications specified by defendants - requirement that contextual imputation
be one carried in addition to the defamatory imputations complained of by
plaintiff - s16 Defamation Act 1974
(NSW) - s26 Defamation Act 2005 (NSW)
- held: one contextual imputation struck out on basis it was not capable of
meeting the requirements of s26 - other contextual imputation struck out on
basis it was not capable of arising.
Jones
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Ahmet v Chief
Commissioner of Police
[2014] VSCA 265
Court of Appeal of Victoria
Nettle JA & Sloss AJA
Subpoena - public interest immunity - applicant alleged
police assaulted him, that he was falsely imprisoned, battered and maliciously
prosecuted - trial judge set aside applicant's subpoena for production of
documents held by Commissioner concerning police officers - trial judge found
public interest in preserving confidentiality of documents outweighed public
interest in permitting disclosure - applicant sought extension of time to
appeal - r64.20(1) Supreme Court (General
Civil Procedure) Rules 2005 (Vic) - held: trial judge failed to weigh or
balance competing interests between public interest in keeping subpoenaed
documents confidential and public interest in proper administration of justice
- trial judge erred in acting on basis of general statements made by a
sergeant, rather than by inspecting subpoenaed documents for himself and
forming view about whether any damage might result from disclosure - appeal
allowed.
Ahmet
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Wilson v Liquorland
Australia Pty Ltd
[2014] VSC 545
Supreme Court of Victoria
Rush J
Administrative law - plaintiff injured arm and neck when
she slipped and fell at Liquorland's premises - plaintiff sought judicial
review of determination of medical panel that degree of impairment from her
injury did not meet threshold level for significant
injury under Wrongs Act 1958 (Vic)
- ss28LJ & 28LL - held: by disregarding a level of impairment which it
determined was due to a pre-existing, asymptomatic condition, the Panel relied
upon an irrelevant consideration, applied a wrong legal test and reached an
erroneous conclusion which invalidated its decision - Panel fell into
jurisdictional error - determination quashed.
Wilson
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Oram v BHP Mitsui
Coal Pty Ltd
[2014] QSC 230
Supreme Court of Queensland
McMeekin J
Limitation of actions - applicant sought damages in 2011
from employer for psychiatric illness arising from mine disaster which occurred
in 1994 - applicant sought to extend limitation period - ss30 & 31 Limitation of Actions Act 1974 (Qld) -
employer's liability for psychiatric harm - delay - applicant's onus of showing
that the justice of the case required the exercise of discretion - held:
applicant had reasonable prospect of persuading tribunal of fact
that psychiatric injury to surviving employee was foreseeable outcome of
exposure to disaster - however prejudice to employer was sufficiently great
that Court could not be satisfied that fair trial could be held - applicant had
not discharged onus - proceedings left on foot to allow applicant to pursue
issue of expiration of limitation period - application dismissed unless
submissions are received on or before 4pm on 26 September 2014.
Oram
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