| Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) (UKSC) - negligence - home-carer injured when she slipped on snow-covered icy foot path outside client's house - employer's failure to provide footwear attachments was breach of Personal Protective Equipment at Work Regulations 1992 and negligence at common law - appeal allowed
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| Bartlett v Australia & New Zealand Banking Group Ltd (NSWCA) - contract - employment contract - wrongful dismissal - bank not entitled to terminate appellant's contract for alleged serious misconduct - appeal allowed
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| Makarov v Attorney General of New South Wales (NSWCA) - administrative law - judicial review - dismissal of application for inquiry into convictions - application for judicial review dismissed
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| Pavlovic v Universal Music Australia Pty Ltd (No 2) (NSWCA) - costs - remitter - appeal allowed against determination of separate questions - costs to be payable forthwith - remaining issues to be heard by differently constituted Court
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| McGreevy v Cannon Hill Services Pty Ltd (QSC) - negligence - meat boner injured during course of employment at meat processing plant - employer liable
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Dear Subscriber
1. This Benchmark Television broadcast is with Michael Pearce SC on the appointment of provisional liquidators and winding up on the just and equitable ground with Ian Benson, Solicitor.
2. Michael is the consultant editor of the Victorian Reports. It is an interesting discussion. The decision of Austin J in the New South Wales case of Cadwallader was reversed on appeal although the principles of law, as enunciated by Austin J, were confirmed.
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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| Michael Pearce SC on the appointment of provisional liquidators and winding up on the just and equitable ground with Ian Benson |
| Michael is the consultant editor of the Victorian Reports. It is an interesting discussion. The decision of Austin J in the New South Wales case of Cadwallader was reversed on appeal although the principles of law, as enunciated by Austin J, were confirmed. |
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| Summaries With Link (Five Minute Read) |
Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6
Supreme Court of the United Kingdom
Lady Hale, Deputy President; Lord Wilson, Lord Reed, Lord Toulson & Lord Hodge
Negligence - appellant employed by respondent as home carer - appellant injured wrist when she slipped on sloping public footpath covered in snow overlying ice outside client's house - appellant was wearing flat boots with ridged soles when she slipped and fell - employer's duty of care - risk assessments - precautions - causation - admissibility of expert evidence on health and safety practice - held: employer's failure to provide footwear attachments to appellant constituted both a breach of Personal Protective Equipment at Work Regulations 1992 and negligence at common law - appeal allowed.
Kennedy |
Bartlett v Australia & New Zealand Banking Group Ltd [2016] NSWCA 30
Court of Appeal of New South Wales
Macfarlan, Meagher & Simpson JJA
Contract - employment contract - wrongful dismissal - bank purported to terminate appellant's employment without notice on basis of serious misconduct - appellant sued bank for damages for breach of contract alleging he was not guilty of serious misconduct and that bank was not entitled to terminate his employment without notice - primary judge found appellant sent doctored email to journalist and that bank was entitled to terminate contract without notice on that basis- s140 Evidence Act 1995 (NSW) - s100 Supreme Court Act 1970 (NSW) - onus - held: bank failed to discharge onus to prove alleged misconduct - bank required to act reasonably - bank failed to act reasonably due to its deficiencies in investigating alleged misconduct - bank not entitled to summarily terminate appellant's employment - appellant entitled to damages for wrongful dismissal in sum of $110,000 with interest.
Bartlett |
Makarov v Attorney General of New South Wales [2016] NSWCA 35
Court of Appeal of New South Wales
McColl, Meagher & Simpson JJA
Administrative law - judicial review - applicant convicted sexual offences - applicant sought under Pt 7, Div 3 Crimes (Appeal and Review) Act 2001 (NSW) (CARA) inquiry into convictions - applicant sought judicial review of primary judge's decision to dismiss application on basis “no sense of unease or disquiet arises in respect of the applicant's conviction” - ss78 & 79 CARA - s69 Supreme Court Act 1970 (NSW) - held: no error in application of appropriate test - no error of law in primary judge's decision - application dismissed.
Makarov |
Pavlovic v Universal Music Australia Pty Ltd (No 2) [2016] NSWCA 31
Court of Appeal of New South Wales
Bathurst CJ, Beazley P & Meagher JA
Costs - remitter - contract - joint venture - Court allowed an appeal against Sacker J's determination of separate questions in proceedings - appellants sought that costs of appeal and at first instance be payable forthwith and that matter be remitted to judge other than Sackar J - r42.7 Uniform Civil Procedure Rules 2005 (NSW) - “strong findings about the credibility of a party” - held: costs to be payable forthwith - appropriate to remit matter for determination by differently constituted Court.
Pavlovic |
McGreevy v Cannon Hill Services Pty Ltd [2016] QSC 29
Supreme Court of Queensland
Boddice J
Negligence - plaintiff meat boner alleged he was injured at work at meat processing facility operated by defendant - defendant accepted incident occurred but denied negligence and that plaintiff suffered long term injury - ss305B, 305C, 305H & 306F Workers' Compensation and Rehabilitation Act 2003 (Qld) - sch 9, item 93 Workers' Compensation and Rehabilitation Regulation 2014 (Qld) - system of work - production line processes - held: plaintiff established incident arose due to defendant's failure to properly implement system of work and that injury was caused by breach of duty - no contributory negligence - damages assessed - judgment for plaintiff.
McGreevy |
