| 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) |
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 |
