| Birdsall v Motor
Trades Association of Australia Superannuation Fund Pty Ltd (NSWCA) - insurance -
member of fund did not satisfy definition of total and permanent disablement in
group life insurance policy - appeal dismissed |
| Morocz
v Marshman (NSWSC) - medical negligence - doctor did not
fail to warn patient of risks or side effects of surgical procedure - doctor
not negligent |
| Sierocki v Klerck (No
2) (QSC) - defamation -
assessment of damages - injunctive relief |
| Bride v Shire of
Katanning (WASCA)
- pleadings - dismissal of application to amend defence and counterclaim, and
to join third parties - appeal dismissed |
| Summaries With Link (Five Minute Read) |
Birdsall
v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2015] NSWCA 104
Court of Appeal of New South
Wales
Basten, Meagher & Gleeson
JJA
Insurance - trusts - primary
judge determined appellant did not satisfy definition of Total and Permanent
Disablement (TPD) in group life insurance policy issued by first respondent
insurer to second respondent trustee of superannuation fund - determination made
on evidence notwithstanding definition of TPD in policy provided relevant
opinion as to incapacity be that of insurer - appellant challenged correctness
of determination - ss13, 14 & 48A Insurance
Contracts Act 1984 (Cth) - ss6, 14, 18, 37, 41, 46 Superannuation (Resolution of Complaints) Act 1993 (Cth) - held: primary
judge did not err in not being satisfied appellant was within definition of TPD
in policy - not necessary to consider questions concerning trustee’s position
and relief which would arise if the appeal successful - appeal dismissed.
Birdsall
|
Morocz
v Marshman
[2015] NSWSC 325
Supreme Court of New South
Wales
Harrison J
Medical negligence - plaintiff
suffered from condition causing sweaty palms - plaintiff contended defendant
doctor failed to warn her of known risks and complications of surgery which he
performed on he, and to tell her other things which he should have mentioned
having regard to severity of symptoms and success rate of operation - duty to
warn and informed consent - ss5B, 5C, 5D, 5H, 5I, 5O & 5P Civil Liability Act 2002 (NSW) - held: plaintiff
did not establish doctor failed to warn her of any material risk or side effect
known or understood in 2007 to be inherent risk or side effect of surgery -
Court not satisfied doctor failed to warn her of any other risk or side effect
of procedure - no breach of duty - verdict for doctor.
Morocz
|
Sierocki
v Klerck (No 2)
[2015] QSC 92
Supreme Court of Queensland
Flanagan J
Damages - defamation - plaintiffs
claimed damages for defamation arising from 10 publications - two publications
occurred by email and balance posted on websites - plaintiffs were awarded
judgment against first, second, third, fourth and fifth defendants conditional
upon assessment of damages by Court under Ch 13, Pt 8 Uniform Civil Procedure Rules 1999 (Qld) - entry of judgment stood
as determination of elements of plaintiffs’ claim for damages - ss34, 35(2), 36
& 39 Defamation Act 2005 (Qld) -
effect of defamatory publications on plaintiffs - damages assessed - injunctive
relief granted.
Sierocki
|
Bride
v Shire of Katanning
[2015] WASCA 77
Court of Appeal of Western
Australia
Newnes & Murphy JJA
Pleadings - Shire sued
appellant for unpaid rates on land - primary judge dismissed appellant’s application
to amend defence and counterclaim, and to join third parties - primary judge
also dismissed counterclaim - application to amend defence and counterclaim had
arisen after appellant failed to resist Shire’s claims for rates and judgment
had been entered in favour of Shire - proposed claim against bank and solicitors
arose against background of orders made under Vexatious Proceedings Restriction Act 2002 (WA) - Pt 5 rr32 & 43(2)(g)(i)
Supreme Court (Court of Appeal) Rules
2005 (WA) - held: no grounds of appeal had reasonable prospect of succeeding
- alternatively appellant failed to comply with pt 5 r 32 - appeal dismissed.
Bride
|
