| Symes v Mick Fabar Constructions Pty Ltd (No 2) (NSWSC) - costs - proceedings in NSW Civil and Administrative Tribunal - parties to pay own costs of plaintiff’s unsuccessful appeal to Court in relation to costs
|
| O'Brien v Greater Bendigo City Council; Lea v Fosterville Gold Mine (costs ruling) (VSC) - costs - judicial mediation held day before trial - orders fixing fees in counsel’s favour granted
|
| Shogunn Investments Pty Ltd v Public Transport Authority of Western Australia (WASC) - private nuisance - determination of preliminary issue concerning ‘substantial interference’ element of tort of private nuisance
|
| Copping Refuse Disposal Site Joint Authority v Southern Beaches Conservation Society Inc (TASSC) - costs - discontinued action - no unreasonable rejection of offer of compromise - indemnity costs refused
|
Dear Subscriber
1. This Benchmark Television broadcast is with Dr Robert Fisher and Geraldine Doogue on Mental Health and the Legal Profession.
2. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
3. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
4. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
5. I believe all lawyers and law students and persons interested in studying law should view this production.
6. Dr Fisher has extensive experience as a psychiatrist with assisting members of the legal profession from students to senior practitioners and to members of the judiciary.
7. Dr Fisher is Head of Department of Psychiatry and Psychological Services at St Vincent’s Clinic and St Vincent’s Private Hospital.
8. You should watch on Wi-Fi to avoid excess data usage charges.
9. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
Warm regards
Alan Conolly for Benchmark
|
|
| Benchmark Television |
| |
|
|
|
| Dr Robert Fisher and Geraldine Doogue on Mental Health and the Legal Profession |
| Renowned journalist Geraldine Doogue interviews Head of Department of Psychiatry and Psychological Services at St Vincent’s Clinic and St Vincent’s Private Hospital Dr Robert Fisher. All members of the profession must watch this production. |
|
|
|
|
|
| Summaries With Link (Five Minute Read) |
Symes v Mick Fabar Constructions Pty Ltd (No 2) [2016] NSWSC 69
Supreme Court of New South Wales
Wilson J
Costs - plaintiffs successful against defendants in proceedings in NSW Civil and Administrative Tribunal - defendant appealed member’s decision - appeal dismissed - Appeal Panel refused plaintiff’s application for costs - plaintiff sought leave to appeal for order that defendant pay costs - Court refused leave to appeal and ordered each party to bear own costs - defendant sought order for costs of unsuccessful appeal - s60(1) Civil and Administrative Tribunal Act 2013 (NSW) - s98(1) Civil Procedure Act 2005 (NSW) - r42.1 Uniform Civil Procedure Rules 2005 (NSW) - held: general rule concerning costs in NCAT’s jurisdiction was that parties pay own costs - no ‘disentitling’ conduct’ - each party had lodged unsuccessful appeal - no special circumstances or malfeasance by either party - parties to bear own costs.
Symes
|
O'Brien v Greater Bendigo City Council; Lea v Fosterville Gold Mine (costs ruling) [2016] VSC 33
Supreme Court of Victoria
J Forrest J
Costs - plaintiffs injured in industrial accidents sued employers for damages - claims settled following judicial mediations immediately before sittings - it was agreed employer would pay costs including senior and junior counsels’ brief fees at trial - whether fee should be allowed for senior and junior counsel’s appearances at judicial mediation - if fee was allowed, issue was as to quantum of fee - held: no reason to preclude ordering fee in counsel’s favour notwithstanding judicial mediation held day before trial - judicial mediation was discrete event creating an entitlement to costs - orders fixing fees made.
O'Brien
|
Shogunn Investments Pty Ltd v Public Transport Authority of Western Australia [2016] WASC 42
Supreme Court of Western Australia
K Martin J
Private nuisance - action in private nuisance brought by plaintiff company, which operated car parking business, against defendant Public Transport Authority - plaintiff sought to restrain defendant from removing traffic turn scenario - determination of preliminary issue concerning plaintiff’s commercial car parking location and 'substantial interference' element of private nuisance - East Perth Redevelopment Act 1991 (WA) (Repealed) - Land Administration Act 1997 (WA) - Metropolitan Redevelopment Authority Act 2011 (WA) - Public Transport Authority Act 2003 (WA) - held: preliminary issue answered in favour of defendant - permanent removal of right hand turning lane not capable of interfering with plaintiff's use and enjoyment of leasehold interest or rights over premises sufficiently to form basis for private nuisance action.
Shogunn
|
Copping Refuse Disposal Site Joint Authority v Southern Beaches Conservation Society Inc [2016] TASSC 5
Supreme Court of Tasmania
Blow CJ
Costs - indemnity costs - litigation concerning proposed development of waste disposal facility - plaintiff discontinued action - plaintiff conceded it should pay cost on party-party basis - defendants sought indemnity costs on basis of unreasonable failure by plaintiff to accept offer of compromise - whether sufficient reason to make order sought - r378(1)(a) Supreme Court Rules 2000 (Tas) - held: Court not satisfied plaintiff’s case was so weak that its rejection of offer was so unreasonable or imprudent to warrant payment of indemnity costs - application refused.
Copping
|
