A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Wednesday, 17 September 2014
Executive Summary (One Minute Read)

Wong v Sklavos (FCAFC) - subpoeanas - refusal to set aside subpoenas - documents had apparent relevance - no oppression - appeals dismissed 

Kisimul Holdings Pty Ltd v Clear Position Pty Ltd (No 2) (NSWCA) - costs - respondent who filed submitting appearance in appellate proceedings to pay successful appellant's costs 

Daniels v State of NSW (NSWSC) - pleadings - defamation - permission to amend statement of claim granted 

Summaries With Link (Five Minute Read)

Wong v Sklavos [2014] FCAFC 120

Full Court of the Federal Court of Australia

Jacobson, White & Gleeson JJ

Subpoenas - respondent medical practitioner claimed College breached contract and duty of care to him and contravened Disability Discrimination Act 1992 (Cth) with result he suffered psychiatric injury, denial of opportunity to pass Fellowship exams and to practice as specialist dermatologist, and economic loss - appellant doctors appealed from primary judge's refusal to set aside subpoenas - held: primary judge correct to find test of apparent relevance satisfied - documents had apparent relevance to proof of loss of earning capacity - primary judge considered issue of confidentiality when considering whether subpoenas should be produced - no oppression - appeals dismissed.


 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd (No 2) [2014] NSWCA 317

Court of Appeal of New South Wales

Beazley P; Barrett & Gleeson JJA

Costs - costs of appellate proceedings - Court delivered judgment allowing appeals in proceedings - respondent had filed a submitting appearance save as to costs in appeal proceedings and was not represented at hearing - respondent claimed that, because it filed a submitting appearance, it should not be required to pay costs and that Court should make no order as to costs - appellant claimed respondent should be ordered to pay its costs on the ordinary basis - held: in the circumstances of the case, the filing of a submitting appearance by a party occupying a true adversarial position in a commercial dispute and concerned with nothing but its own economic welfare could not be allowed to operate as insulation from costs consequences of requiring appellant's claim to proceed to curial determination rather than cooperating in consensual resolution of it - respondent to pay appellant's costs of proceedings.

Kisimul Holdings Pty Ltd

Daniels v State of NSW [2014] NSWSC 1256

Supreme Court of New South Wales

McCallum J

Pleadings - defamation - self-represented litigant - action commenced by mathematics teacher arising from publication of teaching assessment report - teacher sought leave to join two defendants and amend statement of claim - held: there was force in objection to framing of case as one of true innuendo - certain paragraphs of statement of claim removed - imputations sufficiently precise and therefore not bad in form - application to file amended statement of claim granted.