| Hutchinson v Comcare (FCA) - administrative law - no extension of time to appeal from decision of Comcare as to date of compensable injuries |
| Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No 2) (NSWCA) - defamation - leave to reopen case and set aside orders refused |
| In the matter of The New South Wales Bar Association (NSWSC) - barrister’s application for appointment of silk rejected as late - proceedings dismissed |
| Cyran v Nelson (QSC) - judgments and orders - plaintiff assaulted by security guard in 1996 - leave to start enforcement proceedings out of time |
| Summaries With Link (Five Minute Read) |
Hutchinson v Comcare [2014] FCA 1300
Federal Court of Australia
McKerracher J
Administrative law - applicant sought extension of time to appeal from decision of AAT determining date she first sustained either of her compensable mental injuries - s7(4) Safety, Rehabilitation and Compensation Act 1988 (Cth) - delay - merits of proposed appeal - held: Court accepted explanation for delay - question of date of compensable mental injuries was question of fact - Tribunal gave close attention to all evidence and conclusion it reached was entirely open to it - no question of law identified - appellant was making merits challenge - Court had no jurisdiction - appellant’s submissions did not disclose that in reaching its conclusion AAT asked itself wrong question for the purposes of s7(4) - application dismissed.
Hutchinson |
Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No 2) [2014] NSWCA 406
Court of Appeal of New South Wales
Basten & Meagher JJA; Tobias AJA
Defamation - principal judgment granted leave to appeal on limited basis and dismissed appeal - appellants sought to reopen appeal and set aside orders on grounds of failure of Court to deal with arguments advanced by appellants - s79 Evidence Act 1995 (NSW) - rr36.15 & 36.16 Uniform Civil Procedure Rules 2005 (NSW) - held: evidential basis on which challenge to admissibility was raised was referred to in judgment - ruling on admissibility was stated - reasons why evidence correctly admitted set out - failure of Court to indulge in tiresome repetition of well-known authorities as an “anxious parade of knowledge” did not reveal error - motion dismissed.
Born Brands Pty Ltd |
In the matter of The New South Wales Bar Association [2014] NSWSC 1695
Supreme Court of New South Wales
Brereton J
Lawyers - associations and clubs - trade and commerce - barrister caused application for appointment as senior counsel to be lodged at office of first defendant on Friday 25 July 2014 at 5.12pm - President of Bar Association rejected application as late - time for applications closed at 5pm - President refused plaintiff's request for extension of time - plaintiff challenged validity of 5pm deadline, President's refusal to extend time, and Bar Council's refusal to reconsider President's decision - held: 5pm rule sufficiently authorised by Bar Council, and time under it was manifestly essential - 5pm rule not invalid as ultra vires - Protocol was not a restraint of trade - 5pm rule not oppressive, unfairly prejudicial or unfairly discriminatory - Bar Council had no relevant review function to perform - application for silk was not a proceeding in relation to a corporation- proceedings dismissed.
In the matter of The New South Wales Bar Association |
Cyran v Nelson [2014] QSC 291
Supreme Court of Queensland
Henry J
Judgments and orders - enforcement - plaintiff suffered brain injury when nightclub security guard assaulted him in 1996 - Western Australian District Court awarded plaintiff judgment - judgment registered in Queensland - nightclub owner and insurer went into liquidation - plaintiff sought leave pursuant to r799 Uniform Civil Procedure Rules (QLD) to start enforcement proceedings against security officer - pursuant to s105Service and Execution of Process Act 1992 (Cth) - s13 Civil Judgments Enforcement Act 2004 (WA) - s10(4) Limitations of Actions Act 1984 (Qld) - held: Court satisfied as to reasons for delay as required by r799(4) - giving full weight to matters raised on respondent’s behalf , in all circumstances Court considered applicant had fulfilled his onus in respect of application - leave granted.
Cyran |
