| Spence v Rigging Rentals WA Pty Ltd (FCA) - costs - plaintiff very substantially successful in proceedings - cross-claim substantially failed - second and third defendants to pay plaintiff's costs of action - first defendant to pay plaintiff's costs of cross-claim
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| Rankilor v City of South Perth (WASCA) - negligence - trip and fall on protruding paver - no breach of duty of care by City - appeal dismissed
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Dear Subscriber
1.This Benchmark Television broadcast is with Joshua Thomson SC in discussion with Ian Benson on exclusion and consequential loss clauses in commercial contracts.
2.Can liability be totally excluded – what about fraud – unconscionability – four corners rule – particular remedies – direct loss, consequential loss – a very useful session from an acknowledged authority and author.
3.For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
4.Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
5.We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
6.We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
7. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
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| Joshua Thomson SC in discussion with Ian Benson on Exclusion and Consequential Loss Clauses in Commercial Contracts |
| Can liability be totally excluded – what about fraud – unconscionability – four corners rule – particular remedies – direct loss, consequential loss – a very useful session from an acknowledged authority and author. |
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| Summaries With Link (Five Minute Read) |
Spence v Rigging Rentals WA Pty Ltd [2016] FCA 154
Federal Court of Australia
Gilmour J
Costs - Court gave judgment for plaintiff in proceedings - second and third defendants ordered to purchase half of plaintiff's shares from third defendant - first defendant ordered to pay amount to plaintiff - plaintiff sought costs of action and cross-claim - defendants sought orders for apportionment of costs - ss43 & 52 Federal Court of Australia Act 1976 (Cth) - r40.32 Federal Court Rules 2011 (Cth) - held: Court not prepared to apportion costs on primary claim - plaintiff had very substantial success on primary claim and should have costs - cross-claim substantially failed - cross-claim did not warrant apportionment of costs - first defendant to pay plaintiff's costs of cross-claim.
Spence |
Rankilor v City of South Perth [2016] WASCA 29
Court of Appeal of Western Australia
Buss, Newnes & Murphy JJA
Negligence - appellant injured when she fell after tripping on protruding paver - appellant sued respondent for failure to maintain footpath to prevent tree roots from lifting the pavers - ss5B & 5Z Civil Liability Act 2002 (WA) - ss9.56 & 9.57 Local Government Act 1995 (WA) - s5(4)(a) Occupiers' Liability Act 1985 (WA) - primary judge dismissed claim - held: open to primary judge to find respondent did not breach duty of care - appeal dismissed.
Rankilor |
