Benchmark Special Edition: Friday, 15 January 2016
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Construction

Executive Summary (One Minute Read)
CAS 2015/A/4059 World Anti-Doping Agency v Thomas Bellchambers et. al., Australian Football League, Australian Sports Anti-Doping Authority (CAS) - arbitration - players violated and were at fault significantly in violating cl 11.2 2010 Anti-Doping Code - World Anti-Doping Authority’s appeal upheld
Metropolitan Fire and Emergency Services Board v Yarra City Council (VSC) - environment and planning - negligence - entitlement to compensation - separate question - Court could order defendant to compensate plaintiff
Summaries With Link (Five Minute Read)
CAS 2015/A/4059 World Anti-Doping Agency v Thomas Bellchambers et. al., Australian Football League, Australian Sports Anti-Doping Authority
Court of Arbitration For Sport
President: The Hon. Michael J. Beloff, QC
Arbitrators: Mr Romano Subiotto QC, The Hon. James Spigelman AC QC
Arbitration - Australia Sports Anti-Doping Authority brought charges of breach of Anti-Doping Code against AFL players - Australian Football League Anti-Doping Tribunal dismissed charges - World Anti-Doping Agency appealed - whether players used prohibited substance in breach of cl 11.2 2010 Anti-Doping Code - whether players could show lack of significant fault or negligence - whether players signed consent forms to receive prohibited substance and received injections they failed to disclose on doping control forms - held: players violated and were at fault significantly in violating cl 11.2 2010 Anti-Doping Code - appeal upheld.
WADA
Metropolitan Fire and Emergency Services Board v Yarra City Council [2015] VSC 773
Supreme Court of Victoria
Riordan J
Environment and planning - negligence - plaintiff acquired site from State - plaintiff claimed compensation and damages against first defendant arising from remediation of contamination on site - preliminary issue of plaintiff’s entitlement to compensation and damages - whether defendant liable for breaches of alleged duties of care and provisions of Environment Protection Act 1970 (Vic) - whether bluestone pit found on site was storage tank previously used by City for storing coal tar - liability pursuant to s62A(2) - disclosure duty - demolition duty - non-pollution duty - planning duty - statutory duty in s45(1) - causation - held: s62A(2) provided occupier who incurred costs complying with clean up notice could claim compensation from certain persons - defendant was person described in ss62A(1)(b) & (c) - Court could order defendant to compensate plaintiff - plaintiff did not establish any other causes of action.
Metropolitan
Poem for Friday (Recitation here by Thomas Hellier)
The Ivy Green
By Charles Dickens

Oh, a dainty plant is the Ivy green,
That creepeth o’er ruins old!
Of right choice food are his meals, I ween,
In his cell so lone and cold.
The wall must be crumbled, the stone decayed,
To pleasure his dainty whim:
And the mouldering dust that years have made
Is a merry meal for him.
Creeping where no life is seen,
A rare old plant is the Ivy green.

Fast he stealeth on, though he wears no wings,
And a staunch old heart has he.
How closely he twineth, how tight he clings,
To his friend the huge Oak Tree!
And slily he traileth along the ground,
And his leaves he gently waves,
As he joyously hugs and crawleth round
The rich mould of dead men’s graves.
Creeping where grim death has been,
A rare old plant is the Ivy green.

Whole ages have fled and their works decayed,
And nations have scattered been;
But the stout old Ivy shall never fade,
From its hale and hearty green.
The brave old plant, in its lonely days,
Shall fatten upon the past:
For the stateliest building man can raise,
Is the Ivy’s food at last.
Creeping on, where time has been,
A rare old plant is the Ivy green.

Dickens