| Penson v Titan National Pty Ltd (NSWCA) - judicial review - misconceived application for judicial review of decisions of Supreme Court judges - application dismissed |
| Penson v Titan National Pty Ltd (No 5) (NSWCA) - judicial review - leave to appeal from seven decisions in relation to costs refused - no error in orders made - summons dismissed |
| Mehmet v IOOF Investment Management Ltd (NSWSC) - contract - insurance - superannuation - consideration of claim for total and permanent disablement benefits not in accordance with good faith obligation - refusal of benefit set aside - matter remitted |
| Griffiths v State of New South Wales (No 2) (NSWSC) - pleadings - negligence - statement of claim dismissed - leave to appeal refused |
| Barnes v State of Victoria (VSCA) - judicial review - disability services - s49 Disability Act 2006 (Vic) did not give rise to obligation to provide support contended for by applicant - appeal dismissed |
| Hoskin v Greater Bendigo City Council (VSCA) - administrative law - human rights - environment and planning - conditional permit to construct and use mosque and associated facilities - leave to appeal refused |
| Summaries With Link (Five Minute Read) |
Penson v Titan National Pty Ltd [2015] NSWCA 404
Court of Appeal of New South Wales
Meagher, Gleeson & Simpson JJA
Judicial review - applicant sought judicial review of two decisions of Court of Appeal - in first decision Court dismissed application for leave to appeal in proceedings - in second decision Court refused to set aside or vary judgment in proceedings - respondents contended summons brought out of time - s69 Supreme Court Act 1970 (NSW) - rr1.11(4), & 59.10 Uniform Civil Procedure Rules 2005 (NSW) - held: orders of Supreme Court judgesnot amenable to review under s69 - application misconceived - application dismissed.
Penson
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Penson v Titan National Pty Ltd (No 5) [2015] NSWCA 405
Court of Appeal of New South Wales
Meagher, Gleeson & Simpson JJA
Judicial review - applicant commenced two proceedings addressing seven decisions of District Court of New South Wales relating to costs of proceedings commenced on behalf of company of which applicant was director against other company and its director - statement of claim dismissed - order made that applicant be jointly and severally liable with applicant’s company for costs - applicant purported to seek judicial review of each decision under s69 Supreme Court Act 1970 (NSW) or leave to appeal under s127 District Court Act 1973 (NSW) - held: no basis for concluding there was error in making of any orders - extension of time to seek leave to appeal refused - summons dismissed.
Penson
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Mehmet v IOOF Investment Management Ltd [2015] NSWSC 1914
Supreme Court of New South Wales
Stevenson J
Contract - insurance - superannuation - plaintiff member of superannuation fund claimed entitlement to total and permanent disablement (TPD) benefits on 30/9/11 arising from an injury sustained on 12/3/01 - second defendant insurer denied claim - second defendant had taken over as insurer for fund on 1/11/07 - whether plaintiff had no TPD cover arising from injury because he was not “at work” on certain date in relation to take-over terms of policy - whether trustee and insurer breached duties to act in utmost good faith in considering claim - held: insurer’s and trustee’s analysis was unreasonable - there was failure to approach task of considering application in accordance with good faith obligation - insurer’s determination that plaintiff not entitled to TPD benefits set aside - matter remitted to insurer and trustee for reconsideration.
Mehmet
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Griffiths v State of New South Wales (No 2) [2015] NSWSC 1932
Supreme Court of New South Wales
Schmidt J
Pleadings - plaintiff claimed damages for negligence in former employment as police officer - employment terminated after diagnosis with borderline personality disorder - defendant sought to dismiss statement of claim - Civil Procedure Act 2005 (NSW) - Limitation Act 1969 (NSW) - Police Act 1900 (NSW) - Uniform Civil Procedures Rules 2005 (NSW) - held: amended statement of claim difficult to understand and made identification of real issues difficult - plaintiff incapable of producing document which would adhere to Rules without legal assistance -proceedings in 7 years had not produced properly pleaded statement of claim - justice did not permit further time or costs to be wasted - not apparent plaintiff had reasonable cause of action - amended statement of claim dismissed - leave to replead refused.
Griffiths
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Barnes v State of Victoria [2015] VSCA 343
Court of Appeal of Victoria
Santamaria, Ferguson & McLeish JJA
Judicial review - disability services - applicant diagnosed with multiple sclerosis in 1982 - applicant had received funding from department since 2012 - applicant sought increase in funding to purchase new wheelchair - department informed applicant he would be considered with others who registered need for support - applicant contended statutory regime obliged Secretary to provide support - applicant sought order in nature of mandamus - trial judge held no obligation arose and dismissed proceeding - applicant sought leave to appeal - statutory construction - s49 Disability Act 2006 (Vic) - “request” - “agree” - held: s49(2) did not give rise to statutory duty for which applicant contended - appeal dismissed.
Barnes
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Hoskin v Greater Bendigo City Council [2015] VSCA 350
Court of Appeal of Victoria
Warren CJ; Osborn & Santamaria JJA
Administrative law - human rights - environment and planning - permit applicant wished to construct and use mosque and associated facilities in industrial zone - Council granted permit - objectors sought review - -Tribunal granted permit on amended conditions - objectors sought leave to appeal - objectors contended Tribunal failed to correctly construe s60(1)(f) Planning and Environment Act 1987 (Vic) which required Council and Tribunal to consider significant social effects - objectors also contended Tribunal wrongly treated absence of supporting evidence as dispositive of case - Charter of Human Rights and Responsibilities Act 2006 (Vic) - held: proposed grounds of appeal did not raise questions of law which were reasonably arguable - proposed grounds had no prospect of success - leave to appeal refused.
Hoskin
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| Poem for Friday (Recitation here by Thomas Hellier) |
De Profundis
BY CHRISTINA ROSSETTI
Oh why is heaven built so far,
Oh why is earth set so remote?
I cannot reach the nearest star
That hangs afloat.
I would not care to reach the moon,
One round monotonous of change;
Yet even she repeats her tune
Beyond my range.
I never watch the scatter'd fire
Of stars, or sun's far-trailing train,
But all my heart is one desire,
And all in vain:
For I am bound with fleshly bands,
Joy, beauty, lie beyond my scope;
I strain my heart, I stretch my hands,
And catch at hope.
CHRISTINA ROSSETTI |
