| Vincent v Woolworths Ltd (NSWCA) - negligence - merchandiser injured in collision with trolley at supermarket - employer and occupier not liable - appeal dismissed
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| Strata Plan 79215 v Nazero Constructions Pty Ltd (NSWSC) - damages - breaches of statutory warranties in Home Building Act 1989 (NSW) - damages assessed - judgment for plaintiff
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| Wesfarmers Ltd v Lloyd (VSCA) - accident compensation - serious injury - employee entitled to sue for damages for pain and suffering - leave to appeal refused
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| Financial management of protected estates and the appointment of the Guardians (NSW) - Remuneration |
| Ben Beukes, Principal of Litigant, and Ben Fogarty discuss the financial management of protected estates and the roles of the Guardianship Division of the New South Wales Civil and Administrative Tribunal (‘NCAT’) and the Supreme Court in appointing both private managers and the New South Wales Trustee & Guardian including issues of remuneration. |
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| Summaries With Link (Five Minute Read) |
Vincent v Woolworths Ltd [2016] NSWCA 40
Court of Appeal of New South Wales
McColl, Macfarlan & Ward JJA
Negligence - appellant part-time merchandiser sued Woolworths and employer in separate proceedings for injuries suffered in course of employment in collision with trolley at supermarket - Woolworths and employer cross-claimed against the other - primary judge found employer not negligent and held there was no breach of duty of care by Woolworths as occupier - primary judge found collision occurred because neither customer or appellant looked where they were going as ordinary care usually required - primary judge found accident resulted from failure of appellant and customer to see each other - held: challenges to findings on negligence and causation failed - not necessary to consider cross-appeals concerning apportionment and contributory negligence - appeal dismissed.
Vincent |
Strata Plan 79215 v Nazero Constructions Pty Ltd [2016] NSWSC 231
Supreme Court of New South Wales
Meagher JA
Damages - judgment awarded in plaintiff's favour against first defendant for damages for breaches of statutory warranties in s18B Home Building Act 1989 (NSW) - assessment of damages - s70 Civil Procedure Act 2005 (NSW) - ss3A, 18B, 18C & 18D Home Building Act 1989 (NSW) - s59 Evidence Act 1995 (NSW) - ss65 & 227 Strata Schemes Management Act 1996 (NSW) - r30.1 Uniform Civil Procedure Rules 2005 (NSW) - held: Court satisfied surveyor who was provided with experts' reports by plaintiff was qualified to express opinions and had addressed reasonable cost of remedying defects - Court satisfied experts qualified to express and had expressd opinion on nature of remedial work - damages assessed - judgment for plaintiff.
Strata |
Wesfarmers Ltd v Lloyd [2016] VSCA 41
Court of Appeal of Victoria
Tate, Osborn & Santamaria JJA
Accident compensation - appellant's employee injured when co-worker accidentally caused forklift to move and crush him - appellant's injuries resolved except back pain - employee sought leave to sue for damages for pain and suffering under s134AB(16)(b) Accident Compensation Act 1985 (Vic) - claim for pecuniary loss not contemplated - primary judge found employee entitled to leave - meaning of “serious injury” in 134AB(37) - held: no error of conclusion of fact to be drawn from evidence or judge's reasoning - trial judge's decision not plainly wrong that ongoing pain and consequences had very considerable dramatic effect on amenity of life - leave to appeal refused.
Wesfarmers |
