| Botany Bay City Council v Minister for Local Government (NSWCA) - judicial review - dismissal of summons seeking relief in relation to Government proposal for appellant's merger with Council - appeal dismissed
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| Hammercall Pty Ltd v Minister for Transport & Main Roads (QCA) - real property - compulsory acquisition of land - refusal of declarations which challenged validity of acquisition of land - appeal dismissed
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| Duro Felguera Australia Pty Ltd v Samsung C&T Corporation (WASC) - interlocutory injunction - security of payments - interlocutory injunction restraining defendant from obtaining amount under performance bonds refused
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| Wagner v Nine Network Australia (QSC) - pleadings - defamation - action arising out of television broadcast in relation to Grantham floods - paragraphs of statement of claim ambiguous and struck out - request for particulars granted
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| Benchmark Television |
Dear Subscriber
1. This Benchmark Television broadcast is with Giles Eyre on Medical Negligence with Kevin Connor SC.
2. Giles arguably is the leading commentator in the UK on expert testimony in cases involving medicine. This is a great presentation for all of us experienced in problems of expert testimony irrespective of jurisdiction. Kevin, of course, started his career as a medical practitioner.
3. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
4. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
5. If you are not a CLE subscriber you can subscribe here: https://benchmarkinc.com.au/cle
6. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
7. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
8. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
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| Giles Eyre on Medical Negligence with Kevin Connor SC |
| Giles arguably is the leading commentator in the UK on expert testimony in cases involving medicine. This is a great presentation for all of us experienced in problems of expert testimony irrespective of jurisdiction. Kevin, of course, started his career as a medical practitioner. |
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| Summaries With Link (Five Minute Read) |
Botany Bay City Council v Minister for Local Government [2016] NSWCA 74
Court of Appeal of New South Wales
Bathurst CJ, Beazley P & Ward JA
Judicial review - appellant appealed against primary judge's dismissal of summons seeking declaratory and other relief concerning Government proposal for its merger with Rockdale City Council - Council's primary complaint was that there was to be no consideration in delegate's process of Council's alternative proposal - ss218A, 218B, 218D, 218E, 218F, 220, 263, 745 Local Government Act 1993 (NSW) - procedural fairness - mandatory relevant considerations - proper construction of s263 - scope of delegate's authority - held: grounds of appeal failed - appeal dismissed.
Botany Bay |
Hammercall Pty Ltd v Minister for Transport & Main Roads [2016] QCA 95
Court of Appeal of Queensland
M McMurdo P; Fraser & Mullins JJ
Real property - compulsory acquisition of land - Court refused appellant's application for declarations which challenged validity of acquisition of its land - ss7, 7(3)(e)(ii), 7(3)(e)(iii), 8(2), 8(2A), 9(1), 9(5), 9(5)(a), 20(1)(a), 20(3) & 36B(2) Acquisition of Land Act 1967 (Qld) - ss24(1), 24(3), 24(4), 25(1), 25(2), 25(3), 25(8) & s25(12) Transport Planning and Coordination Act 1994 (Qld) - whether failure to consider material - whether objections not heard by validly appointed or proper hearing officer - whether denial of procedural fairness - whether non-compliance with ss8(2) & 8(2A) Acquisition of Land Act - held: appellant did not succeed in grounds of appeal - appeal dismissed.
Hammercall |
Duro Felguera Australia Pty Ltd v Samsung C&T Corporation [2016] WASC 119
Supreme Court of Western Australia
Le Miere J
Interlocutory injunction - security of payments - parties entered interim subcontract for performance of works - plaintiff provided performance bonds as security for contract's performance - clause of contract provided defendant may convert security into money where it considered it was entitled to recover amount under contract - plaintiff sought interlocutory injunction to restrain defendant from obtaining payment under bonds - plaintiff claimed there was prima facie case defendant not entitled to recover amount because demanding payment failed to comply with determinations under Construction Contracts Act 2005 (WA) and defendant had not applied contract in considering it was entitled to recover amount - balance of convenience - held: plaintiff did not succeed in its arguments - interlocutory injunction refused.
Duro |
Wagner v Nine Network Australia [2016] QSC 87
Supreme Court of Queensland
Boddice J
Pleadings - defamation - action arising out of broadcast of television programme in relation to Grantham floods - plaintiff claimed broadcast was defamatory of them - defendants sought to strike out pleaded imputations contained in plaintiff's statement of claim - defendants also sought particulars - whether imputations incapable of arising - whether particulars necessary to apprise defendants of case they needed to meet - rr150 & 157 Uniform Civil Procedure Rules 1999 (Qld) - held: paragraphs ambiguous and struck out - defendants entitled to particulars of paragraphs sought except for one paragraph.
Wagner |
