| Tzaneros Investments Pty Ltd v Walker Group Constructions Pty Ltd (NSWSC) - building contract - negligence - plaintiff entitled to damages in relation to defective concrete paving at container terminal
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| Fitness First Australia Pty Ltd v Fenshaw Pty Ltd (NSWSC) - leases and tenancies - lessor entitled to relief for plaintiff’s failure to pay outgoings under leases
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| B J Bearings Pty Ltd v Whitehead (VSC) - preliminary discovery - alleged breached of deed poll - preliminary discovery ordered subject to confidentiality regime
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| Director of Consumer Affairs Victoria v Mecon Insurance Pty Ltd (VSC) - declarations - contraventions of “sunsetted” Fire Services Levy Monitor Act 2012 (Vic) - declarations granted
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| Farnham v Pruden (QCA) - damages - negligence - motor vehicle accident - assessment of damages in accordance with Civil Liability Act 2003 (Qld) - leave to appeal from award of damages refused
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| Benchmark Television |
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| Nicholas Kidd SC and Shahan Ahmed on liability of Australian financial services licensees for the misconduct of their authorised |
| Nicholas Kidd SC and Shahan Ahmed review sections of the Corporations Act 2001 (Cth) governing the provision of financial services. They also review liability for misconduct by authorised representatives in the provision of such services with reference to Casacland v Wealthsure Pty Ltd [2015] FCA 761. |
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| Summaries With Link (Five Minute Read) |
Tzaneros Investments Pty Ltd v Walker Group Constructions Pty Ltd [2016] NSWSC 50
Supreme Court of New South Wales
Ball J
Building contract - negligence - plaintiff sued defendants for defective concrete paving at container terminal - first defendant cross claimed against second defendant for same damage - contractual warranties - assignment - apportionment - estoppel - estoppel by convention - ascertainment of parties to contact - damages - Competition and Consumer Act 2010 (Cth) - Civil Liability Act 2002 (NSW) - Home Building Act 1989 (NSW) - Trade Practices Act 1974 (Cth) - held: plaintiff entitled to damages from first defendant for costs in relation to replacement of pavement - second defendant liable to pay to first defendant amount which first defendant was liable to pay to plaintiff.
Tzaneros
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Fitness First Australia Pty Ltd v Fenshaw Pty Ltd [2016] NSWSC 47
Supreme Court of New South Wales
Darke J
Leases and tenancies - dispute between plaintiff lessee tenant and defendant lessor as to outgoings and charges payable by tenant pursuant to two leases - competing contentions concerning construction of outgoings and charging provisions - “in respect of the Premises” - s3A Land Tax Management Act 1956 (NSW) - held: Court construed lease in manner contended for by defendant - defendant entitled to relief for plaintiff’s failure to pay outgoings under leases.
Fitness First
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B J Bearings Pty Ltd v Whitehead [2016] VSC 44
Supreme Court of Victoria
Hargrave J
Preliminary discovery - applicant considering suing respondents for breaches of restraints on first respondent in Deed Poll and company and assistance with breaches by company and second respondent - applicant under r32.05 Supreme Court (General Civil Procedure) Rules 2015 (Vic) sought preliminary discovery from respondents - reasonableness of applicant’s inquiries - whether applicant’s information sufficient - held: preliminary discovery ordered subject to confidentiality regime.
B J Bearings
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Director of Consumer Affairs Victoria v Mecon Insurance Pty Ltd [2016] VSC 42
Supreme Court of Victoria
Elliott J
Declaratory relief - plaintiff continued proceedings against defendants for contraventions of Fire Services Levy Monitor Act 2012 (Vic) - parties provided minute of consent orders seeking declarations that defendants had contravened ss26 & 31 and order pursuant to s102 that defendants cause notice to be published acknowledging the contraventions - whether Court satisfied it was appropriate to make orders - power to make declarations - appropriateness of declarations - held: contravened Act had been ”sunsetted” - declaratory relief would have no function in respect of parties’ conduct, other insurers or public, but utility of declarations would be to publicly state that the Act was contravened in the manner alleged and to indicate the Court’s disapproval or condemnation of contraventions - declarations made.
Director of Consumer Affairs
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Farnham v Pruden [2016] QCA 18
Court of Appeal of Queensland
M McMurdo P; Gotterson & Morrison JJA
Damages - negligence - motor vehicle collision - applicant employed as community support worker injured when car collided with rear of applicant’s car - applicant developed anxiety disorder - liability not in issue - primary judge found Civil Liability Act 2003 (Qld) applied and assessed damages at $47,389.75.7 - primary judge awarded no damages for future economic loss or loss of capacity to develop alternative careers - applicant sought to appeal - s 5(1)(b) Civil Liability Act 2003 (Qld) - ss32(1), 34(1)(c), 35 & 108 Workers’ Compensation and Rehabilitation Act 2003 (Qld) - whether there was necessity to correct substantial injustice - whether reasonable argument there was error - held: proposed grounds of appeal failed to demonstrate error by primary judge - leave to appeal refused.
Farnham
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