| TAL Life Ltd v Shuetrim; MetLife Insurance Ltd v Shuetrim (NSWCA) - contract - insurance - member of fund not entitled to amounts for total and permanent disablement under insurance policies - appeals allowed
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| Sadiq v NSW Trustee and Guardian (NSWCA) - succession - intestacy - claim of entitlement to deceased's intestate estate or family provision order dismissed - appeal dismissed
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| Small v K & R Fabrications (W'gong) Pty Ltd (NSWCA) - negligence - workplace injury - inadequate evidence to support claimant's case - appeal dismissed
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| Shalhoub v Law Society of NSW (NSWSC) - pleadings - legal practitioners - Fidelity Fund - statement of claim struck out - notice of motion adjourned
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| Duffy Kennedy Pty Ltd v Lainson Holdings Pty Ltd (NSWSC) - security of payments - claims served contrary to s13(7) Building and Construction Industry Security of Payment Act 1999 (NSW) - summary judgment refused
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| Benchmark Television |
Dear Subscriber
1. This Benchmark Television broadcast is with Dr Ironside on Risk and Dental Practice, with Louise Blase.
2. This is the second discussion with Dr Ironside, well known Sydney specialist dentist. The discussion is useful for lawyers considering risk management in a dental surgery.
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. If you are not a CLE subscriber you can subscribe here: https://benchmarkinc.com.au/cle
6. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
7. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
8. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
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| Dr Ironside on Risk and Dental Practice, with Louise Blase |
| This is the second discussion with Dr Ironside, well known Sydney specialist dentist. The discussion is useful for lawyers considering risk management in a dental surgery. |
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| Summaries With Link (Five Minute Read) |
TAL Life Ltd v Shuetrim; MetLife Insurance Ltd v Shuetrim [2016] NSWCA 68
Court of Appeal of New South Wales
Beazley P, Leeming JA & Emmett AJA
Contract - insurance - Shuetrim was member of superannuation fund - trustee of fund effected insurance policies with Metlife and TAL - Shuetrim sought declarations TAL and MetLife “constructively denied” his claims under policies by not having made any decision until certain dates, and that decisions themselves were “void and of no effect” - Shuetrim also sought declarations he satisfied definition of “Total and Permanent Disablement” in policies and orders TAL and MetLife pay him amounts with interest under s57 Insurance Contracts Act 1984 (Cth) - primary judge found Shuetrim entitled to total and permanent disability benefits - Metlife and TAL challenged primary judge's finding they breached insurers' duty of good faith and good dealings and that Shuetrim sustained onus of showing he satisfied definitions of TPD in policies - held: primary judge erred in construing definitions of total and permanent disablement - primary judge correct to find TAL breached duty but erred in finding Metlife breached duty - Shuetrim had not shown he satisfied definition of total permanent disability in either policy - appeals allowed.
TAL Life Ltd |
Sadiq v NSW Trustee and Guardian [2016] NSWCA 62
Court of Appeal of New South Wales
McColl & Leeming JJA; Sackville AJA
Succession - intestacy - appellant contended he was deceased's de facto partner at time of death and that he was entitled to her intestate estate under s111 Succession Act 2006 (NSW) or family provision order under Ch 3 - primary judge dismissed claim - r36.16 Uniform Civil Procedure Rules 2005 (NSW) - conflicting evidence - held: no appellable error in reasons of primary judge - appeal dismissed.
Sadiq |
Small v K & R Fabrications (W'gong) Pty Ltd [2016] NSWCA 70
Court of Appeal of New South Wales
McColl, Basten & Simpson JJA
Negligence - workplace injury - appellant claimant suffered workplace injury - claimant failed to satisfy trial judge that respondent breached duty of care - claimant contended primary judge erred by not accepting account of circumstances in which injury arose - adequacy of reasons - Jones v Dunkel - held: trial judge had not been satisfied by claimant's evidence as to how injury occurred - Court could not be satisfied of breach of duty of care without knowing how breach occurred - trial judge's reasoning not fallacious, erroneous or inadequate - evidence inadequate to support claimant's case - appeal dismissed.
Small |
Shalhoub v Law Society of NSW [2016] NSWSC 293
Supreme Court of New South Wales
Davies J
Pleadings - legal practitioners - Fidelity Fund - plaintiff made claim on Fidelity Fund of Law Society regarding properties he bought and sold - plaintiff had engaged solicitor's services and claimed solicitor failed to account to him regarding properties' sale and purchase - Fidelity Fund refused to allow further time to make claim - plaintiff sought order for leave to make claim - defendant sought to strike out statement of claim - whether plaintiff/s entitled to file amended statement of claim for relief other than s80(7)(d) Legal Profession Act 1987 (NSW) - s90D - held: only relief plaintiff could seek in circumstances was extension of time under s80(7)(d) - statement of claim struck out - plaintiff's notion of motion adjourned.
Shalhoub |
Duffy Kennedy Pty Ltd v Lainson Holdings Pty Ltd [2016] NSWSC 371
Supreme Court of New South Wales
Meagher JA
Security of payments - summary judgment - plaintiff head contractor contracted with defendant property owner for construction of units - plaintiff sought judgment for unpaid progress payments pursuant to Pt 3, Div 1 Building and Construction Industry Security of Payment Act 1999 (NSW) - held: evidence established claims served without supporting statement as required by s13(7) - defendant permitted to withdraw contrary admission with costs consequences - summary judgment refused.
Duffy |
