|Advaland Pty Ltd v Bitcon (VSC) - administrative law - extension of time for leave to appeal against decision of Victorian Civil and Administrative Tribunal refused
|Central Queensland Development Corporation Pty Ltd (formerly Bluechip Development Corporation (Gladstone) Pty Ltd) - BMT & Assoc Pty Ltd (WASC) - cross-vesting - more appropriate forum - transfer of proceedings to the Supreme Court of New South Wales
|Bol Malek v Remondis Australia Pty Ltd (ACTSC) - workers compensation - injury to knee - causation - medical evidence - credit - worker’s appeal allowed
|Summaries With Link (Five Minute Read)
|Advaland Pty Ltd v Bitcon  VSC 235
Supreme Court of Victoria
Administrative law - plaintiff commenced proceedings against defendant for recovery of money owing under domestic building contract - plaintiff sought order under s148(5) Victorian Civil and Administrative Tribunal Act 1998 for extension of time to leave to appeal orders and decision of Victorian Civil and Administrative Tribunal - held: explanations for delay in applying for leave unsatisfactory - prejudice to plaintiff not established - no real or significant argument VCAT fell into error of kind important to appeal succeeding - not a proper case for grant of an extension of time within which to seek leave to appeal - application dismissed.
|Central Queensland Development Corporation Pty Ltd (formerly Bluechip Development Corporation (Gladstone) Pty Ltd) - BMT & Assoc Pty Ltd  WASC 195
Supreme Court of Western Australia
K Martin J
Cross-vesting - plaintiffs claimed they were engaged in development of building - plaintiffs claimed they engaged defendants, who were in business as quantity surveyors, with respect to development - plaintiff sued defendants for remedies including damages for breach of contract and negligence - parties by consent sought transfer of proceedings to Supreme Court of New South Wales pursuant to s5(2)(b)(iii) Jurisdiction of Courts (Cross-Vesting) Act 1987 on basis it was ’otherwise in the interests of justice’ - held: Court satisfied it was proper to make orders - factors weighed heavily in favour of Supreme Court of New South Wales being more appropriate forum for proceedings - proceedings transferred.
|Bol Malek v Remondis Australia Pty Ltd  ACTSC 135
Supreme Court of the Australian Capital Territory
Workers compensation - arbitration - appellant employee of respondent company reported knee problem to employer’s officer - appellant claimed he was having trouble because of incident which occurred at home - appellant taken to hospital because of injury and diagnosed as having septic arthritis in knee - employee subsequently gave explanation for injury that it was due to incident that took place at work - employee sought arbitration under Workers Compensation Act 1951 - Chief Magistrate found appellant did not suffer an injury in course of his employment nor disease to which employment substantially contributed - cause of injury to knee - medical evidence - credit - held: Court satisfied medical evidence was strongly corroborative of evidence given by appellant, and that Magistrate’s conclusions were in error and not based on proper evaluation of all the evidence - appeal allowed.