| Roads and Maritime Services v Allandale Blue Metal Pty Ltd (NSWCA) - environment and planning - compensation to owner of acquired land - appeal against award upheld in part - award reduced
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| South Sydney Junior Rugby League Club Ltd v Gazis (NSWCA) - negligence - workplace injury - security guard injured at work when moving trolleys - club and employer not liable - appeals allowed
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| Sarah Hill and Michelle Daniels present on legal capacity |
| Sarah Hill and Michelle Daniels discuss the common law presumption of sanity, and the tests for determining whether somebody is capable of managing their own affairs or making a will. |
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| Summaries With Link (Five Minute Read) |
Roads and Maritime Services v Allandale Blue Metal Pty Ltd [2016] NSWCA 7
Court of Appeal of New South Wales
Basten & Ward JJA; Sackville AJA
Environment and planning - predecessor to appellant acquired land - respondent (ABM) owned acquired land which it leased to quarrying company (QPN) - ABM and QPN claimed compensation - appellant appealed against judgment in which primary judge ordered payment of $3,387,796 to ABM - s88E Conveyancing Act 1919 (NSW) - s115B Environmental Planning and Assessment Act 1979 (NSW) - ss4, 55, 56, 57, 58, 59 & 61 Land Acquisition (Just Terms Compensation) Act 1991 (NSW) - ss19, 24, 57 Land and Environment Court Act 1979 (NSW) - s117 Public Works Act 1900 (NSW) - ss10, 46, 49 Roads Act 1993 (NSW) - held: appeal upheld against award for reduction in value of timbered land - amount awarded to ABM reduced to $3,115,171 - appeal allowed in part.
Roads and Maritime Services
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South Sydney Junior Rugby League Club Ltd v Gazis [2016] NSWCA 8
Court of Appeal of New South Wales
Basten, Macfarlan & Simpson JJA
Negligence - workplace injury - appellant club contracted with company (Sermacs) to provide security - Sermacs obtained services of respondent from company (MPS) to work as security guard - respondent injured while working at club when moving trolleys - respondent sued Sermacs and club in negligence and later sued employer (MPS) for workplace injury under Workers Compensation Act 1987 (NSW) - claim against Sermacs settled - club and MPS cross-claimed against Sermacs for contribution - MPS in liquidation - proceedings continued against Workers Compensation Nominal Insurer - Sermacs changed name and went into liquidation - proceedings continued against insurer (HCC) - primary judge found for respondent against club and employer - Sermacs found not liable for contribution - club and MPS appealed - held: club owed duty of care to respondent as occupier - exercise of reasonable care did not require direction to desist from moving trolleys - club not negligent - MPS owed non-delegable duty of care to its employee - MPS breached duty of care by not investigating respondent’s work environment but breach did not cause harm - MPS not liable - judgment against Workers Compensation Nominal Insurer set aside - appeals allowed.
South Sydney Junior Rugby League Club Ltd
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