Daily Insurance: Thursday, 15 October 2015 View in browser
For optimised viewing please add "benchmark@benchmarkinc.com.au" to your safe senders list.
AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Insurance

Executive Summary (One Minute Read)
Bailey v Director-General, Department of Natural Resources NSW (NSWCA) - malicious prosecution - planning and environment - clearing of native vegetation without consent - malicious prosecution not established - no error in award of indemnity costs - appeal dismissed
Bronzewing Ammunition Pty Ltd v SafeWork New South Wales (NSWSC) - stay - administrative law - Administrative Appeals Tribunal affirmed decision to cancel plaintiffs’ licences under Explosives Act 2003 (NSW) - further stay pending appeal granted
Camping Warehouse Australia Pty Ltd v Downer EDI Ltd (VSC) - group proceedings - defendant’s opt-out notice approved as basis for opt-out notice to be sent to members subject to expansion and modification
Summaries With Link (Five Minute Read)
Bailey v Director-General, Department of Natural Resources NSW [2015] NSWCA 318
Court of Appeal of New South Wales
Basten, Gleeson & Leeming JJA
Malicious prosecution - planning and environment - appellants owned rural property - first appellant arranged for contractors to clear native vegetation - Director-General, Department of Land and Water Conservation issued summons in Land and Environment alleging breach of s21(2)(a) Native Vegetation Conservation Act 1997 (NSW) - first appellant contended clearing undertaken to construct “farm dam” which was purpose permitting clearing without development consent - charges dismissed - appellants sought damages from respondents for malicious prosecution, negligent misrepresentation, breach of duty and misfeasance in public office - trial judge dismissed proceedings and subsequently awarded costs in defendants’ favour on indemnity basis from date of offer of compromise - dismissal of malicious prosecution action challenged on appeal - held: at trial appellant had failed to establish fundamental propositions necessary to succeed on claim of malicious prosecution - appellant failed to establish any error on part of trial judge or basis for interfering with trial judge’s judgment in respect of costs - appeal dismissed.
Bronzewing Ammunition Pty Ltd v SafeWork New South Wales [2015] NSWSC 1494
Supreme Court of New South Wales
Davies J
Stay - administrative law - first plaintiff held two licences issued by defendant under Explosives Act 2003 (NSW) - defendant cancelled licences on basis first defendant breached conditions of its licenses and plaintiffs not fit and proper persons to hold licence or security clearance - plaintiffs sought continuation of stay of Appeal Panel of Civil and Administrative Tribunal New South Wales decision to affirm defendant’s decision pending appeal - public safety - length of existing stay - whether arguable grounds of appeal - impact on plaintiffs if stay not granted - balance of convenience - held: Court satisfied status quo should be preserved pending determination of appeal - further stay granted.
Camping Warehouse Australia Pty Ltd v Downer EDI Ltd [2015] VSC 555
Supreme Court of Victoria
Sifris J
Group proceedings - opt-out notice - group proceeding commenced on behalf of persons who acquired shares in defendant who had claims for loss and damage caused by defendant’s conduct in relation to breach of continuous disclosure obligations under s674 Corporations Act 2001 (Cth) and alleged misleading or deceptive conduct - plaintiff and defendant put forward proposed opt-out notices for approval - nature and extent of earlier settlement and consequent further exposure of defendant - ss33X & 33Y Supreme Court Act 1986 (Vic) - held: plaintiff’s notice apt to mislead and should not be sent out - defendant’s proposed opt-out notice should form basis of opt-out notice to be sent to members, with some expansion and modification.