Daily Banking: Thursday, 1 October 2015 View in browser
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Banking

Executive Summary (One Minute Read)
Bitupave Ltd t/as Boral Asphalt v Pillinger (NSWCA) - negligence - motorcyclist injured on public road - Boral and Council liable - primary judge erred in finding motorcyclist contributorily negligent - motorcyclist’s cross-appeal allowed - Boral’s appeal dismissed - Council’s cross-appeal dismissed
Haskakis v Hatzopoulos (NSWSC) - succession - family provision order in favour of daughter of deceased - pecuniary legacy
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Richard Perry QC with Christopher Wood on Directors’ Duties
Richard Perry QC and Christopher Wood discuss the dangers that arise when directors fix their own remuneration. (Jones v Invion Limited)
Summaries With Link (Five Minute Read)
Bitupave Ltd t/as Boral Asphalt v Pillinger [2015] NSWCA 298
Court of Appeal of New South Wales
Ward, Emmett & Gleeson JJA
Negligence - first respondent injured when he lost control of motorcycle on public road - first respondent sued second respondent Council and appellant (Boral) - primary judge found Boral and Council liable- primary judge found first respondent was 10% contributorily negligent - primary judge apportioned responsibility to Boral at 60% and Council at 40% - primary judge also found Boral breached contractual obligation to Council to take out insurance in respect of Council’s liability - primary judge awarded damages to Council against Boral in amount of judgment against Council - Boral appealed - Council cross-appealed and filed notice of contention that Boral breached different contractual obligation to it - first respondent cross-appealed against finding of contributory negligence - held: no error in decision of primary judge in relation to Boral’s appeal or Council’s cross-appeal - Boral’s appeal dismissed - Council’s cross-appeal dismissed - primary judge erred in finding first respondent contributorily negligent - first respondent’s cross-appeal allowed.
Haskakis v Hatzopoulos [2015] NSWSC 1408
Supreme Court of New South Wales
White J
Succession - daughter of deceased sought provision out of deceased mother’s estate - plaintiff’s financial position and disabilities - plaintiff’s conduct towards deceased - plaintiff’s strained relationship with deceased - obligations or responsibilities owed by deceased to plaintiff or beneficiaries - ss59 & 60 Succession Act 2006 (NSW) - held: Court satisfied Will did not make adequate provision for plaintiff’s proper maintenance and advancement in life - order for provision made from estate by way of pecuniary legacy -