| Cavric v Willoughby City Council (NSWCA) - highways - negligence - customer injured in shopping centre - car park did not constitute a public road - appeal allowed (I C) |
| Heyday5 Pty Ltd v Cockram Constructions NSW Pty Ltd (NSWSC) - interlocutory injunction restraining defendants from calling on performance bond granted (B C) |
| Comaz (Aust) Pty Ltd v Commissioner of State Revenue (VSC) - administrative law - bias - denial of procedural fairness - matter remitted for re-trial (B G) |
| Suncorp Metway Ltd v Agnew (QSC) - service - possession - requirement of personal service dispensed with - substituted service ordered (B) |
| Santos Offshore Pty Ltd v Apache Oil Australia Pty Ltd (WASC) - contract - joint venture - notice issued pursuant to clause of joint venture agreement invalid - declaration (I B C) |
| Moran v Atrum Coal NL (WASC) - injunction - confidential information - extension of injunction refused (I B C) |
| Ning v McGrath (ACTSC) - motor vehicle accident - failure to keep proper lookout - contributory negligence established - appeal allowed (I) |
| Summaries With Link (Five Minute Read) |
Cavric v Willoughby City Council [2015] NSWCA 182
Court of Appeal of New South Wales
Basten, Meagher & Emmett JJA
Highways - negligence - real property - appellant wheeling trolley laden with shopping and child - front wheel on trolley hit “pothole” - trolley tilted - appellant inured when she fell seeking to stop trolley overturning - appellant sued Council for negligent maintenance of car park - trial judge dismissed claim on basis car park was public road by operation of s249(1) Roads Act 1993 with result Council protected by s45 Civil Liability Act 2002 - if car park did not constitute public road appeal must be upheld - statutory scheme - continued operation of common law - whether conveyance effected dedication of a road - evidence of public use - ‘is evidence that the place is or forms part of a public road’ - held: trial judge misunderstood s249(1) as providing freestanding test as to whether place was public road - s249 was no more than an evidentiary provision describing evidence which was admissible to prove a place was or formed part of that public road - s249 was subject to constraint imposed by s178 Conveyancing Act 1919 - in circumstances where there was no other evidence besides public use, trial judge should have found status of place where accident occurred as a public road was not established - appeal allowed.
Cavric (I C)
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Heyday5 Pty Ltd v Cockram Constructions NSW Pty Ltd [2015] NSWSC 884
Supreme Court of New South Wales
Stevenson J
Injunction - plaintiff subcontracted by defendants in relation to project - plaintiff sought to restrain first and second defendants from calling on performance bond - final relief sought by plaintiff was that defendants "return" bond on basis they were bound to release it on achievement of practical completion of the sub-contract - held: Court satisfied there was serious question to be tried whether there had been Practical Completion and plaintiff now entitled to return of bond - strong prima facie case for relief - balance of convenience was in plaintiff’s favour - interlocutory injunction granted.
Heyday5 (B C)
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Comaz Pty Ltd v Commissioner of State Revenue [2015] VSC 294
Supreme Court of Victoria
Croft J
Administrative law - bias - procedural fairness - unrepresented litigant - plaintiff sought to appeal against orders of Victorian Civil and Administrative Tribunal affirming Commissioner of State Revenue’s assessment relation to property transactions - procedural fairness - bias - fair hearing - duty to unrepresented litigant - Model Litigant Guidelines - held: conduct of proceeding before Tribunal established very strong likelihood that fair-minded lay observer might reasonably apprehend Senior Member did not bring impartial and unprejudiced mind to resolution of questions in dispute - VCAT failed to accord procedural fairness by refusing to allow evidence to be given relating to financial matters - proceedings remitted to VCAT for re-trial on all issues before different Tribunal member.
Comaz (B G)
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Suncorp Metway Ltd v Agnew [2015] QSC 195
Supreme Court of Queensland
Jackson J
Service - possession - applicant claimed recovery of possession of land from defendant and payment of money owing pursuant to mortgage - applicant sought to dispense with requirement for personal service under r105 Uniform Civil Procedure Rules 1999 - applicant had conducted property searches which revealed respondent’s address - evidence suggested respondent lived at address - applicant’s agents had attempted service at respondent’s address on ten separate occasions - held: applicant had sufficiently demonstrated requirement of personal service under r105 should be dispensed with - substituted service ordered.
Suncorp (B)
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Santos Offshore Pty Ltd v Apache Oil Australia Pty Ltd [2015] WASC 242
Supreme Court of Western Australia
Pritchard J
Contract - joint venture - dispute concerning validity of notice issued by defendants pursuant to clause of joint venture for exploitation of petroleum production licence - plaintiff claimed some terms and conditions did not comply with requirements of clause with result notices or challenged conditions invalid - plaintiff sought declarations of invalidity and orders for specific performance requiring defendants to serve notice which complied with clause’s requirements - right of pre-emption - held: challenged conditions failed to comply with clause’s requirements - notices invalid - Court not persuaded it was appropriate case for orders for specific performance - declaration granted.
Santos (I B C)
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Moran v Atrum Coal NL [No 4] [2015] WASC 241
Supreme Court of Western Australia
Mitchell J
Injunction - confidential information - plaintiffs sought extension of injunction restraining defendant from disclosing information concerning loan agreements and securities plaintiffs entered, secured by securities in defendant - held: obligation to notify market operator of the information had arisen under s674 Corporations Act 2001 - Court not satisfied injunction sought by plaintiffs would not require defendant to contravene s674 - inappropriate to grant injunction - extension of injunction refused.
Moran (I B C)
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Ning v McGrath [2015] ACTSC 163
Supreme Court of the Australian Capital Territory
Murrell CJ
Motor vehicle accident - respondent injured when motorcycle collided with appellant’s motor vehicle - primary judge found appellant breached duty of care and that there was no contributory negligence by respondent - s54 Evidence Act 2011 - held: it was open to primary judge to find primary liability established - appellant had failed to keep proper lookout primary judge - erred in failing to find respondent guilty of contributory negligence - respondent negligently embarked on risky enterprise of riding motorcycle at night with defective headlight that diminished his visibility to other road users - two thirds of responsibility attributed to appellant, one third to respondent - appeal allowed.
Ning (I)
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