Daily Banking: Monday, 23 November 2015
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Banking

Executive Summary (One Minute Read)
Endeavour Energy v Precision Helicopters Pty Ltd (No 2) (NSWCA) - helicopter crash - damages - negligence - workers compensation - apportionment - indemnity - declarations, judgments and orders made
Rodda v Lifestyle Loans Vic Pty Ltd (VSC) - corporations - standing - oppression - plaintiff required to establish he was member of company prior to continuing oppression proceedings
Schoch v Mineralogy Pty Ltd (QSC) - contract - no enforceable oral agreement for remuneration of employee - claim dismissed
Napier v BHP Billiton (Worsley Alumina) Pty Ltd (WASCA) - workers compensation - entitlement to recover expenses - required nexus between compensable injury or resulting incapacity, and medical or surgical treatment - leave to appeal refused - appeal dismissed
Summaries With Link (Five Minute Read)
Endeavour Energy v Precision Helicopters Pty Ltd (No 2) [2015] NSWCA 357
Court of Appeal of New South Wales
Basten & Macfarlan JJA; Sackville AJA
Damages - negligence - workers compensation - plaintiff injured in helicopter crash sued employer (Endeavour Energy), owner and operator of helicopter (Precision) and Telstra - plaintiff’s claims settled - claims of family members settled with some outstanding issues as to quantification and apportionment - proceedings involved apportionment of liability, claim for indemnity under Workers Compensation Act 1987 (NSW) and whether statutory cap applied to Precision’s liability - principal judgment in Court of Appeal varied trial judge’s decision by finding Telstra liable for accident and that statutory cap applied - apportionment of liability - indemnity - proportionate liability principle - Pt IV, ss36 & 37 Civil Aviation (Carriers’ Liability) Act 1959 (Cth) - Pt 4, ss34 & 35 Civil Liability Act 2002 (NSW) - s100 Civil Procedure Act 2005 (NSW) - ss 149, 150, 151Z Workers Compensation Act 1987 (NSW) - s64 Workers’ Compensation Act 1926 (NSW) - s6 Workmen’s Compensation Act 1906 (UK) - held: declarations, judgments and orders made.
Endeavour
Rodda v Lifestyle Loans Vic Pty Ltd [2015] VSC 628
Supreme Court of Victoria
Sifris J
Corporations - standing - oppression - plaintiff claimed he was member of first defendant and entitled to claim relief pursuant to oppression provisions of Corporations Act 2001 (Cth) - second defendant was sole registered member of first defendant - defendants denied plaintiff was member and denied they engaged in oppressive conduct - defendants contended plaintiff should first establish he was member by separate proceedings - plaintiff contended threshold issue could be determined within oppression proceeding - held: plaintiff did not fall within definition of member - oppression provisions not engaged - dispute whether plaintiff was member needed to be resolved before oppression proceeding continued - Court to hear from parties on appropriate form of order.
Rodda
Schoch v Mineralogy Pty Ltd [2015] QSC 326
Supreme Court of Queensland
Bond J
Contract - plaintiff worked for Clive Palmer as employee of his corporate entities - plaintiff claimed he was part way through five year contract at time of termination, which provided for agreed remuneration made in oral agreement with Mr Palmer - plaintiff claimed damages - Mr Palmer claimed no such deal made and contended plaintiff’s claim was attempt to extort money - whether plaintiff persuaded Court on balance of probabilities it should accept plaintiff’s version of events - held: plaintiff failed to persuade Court there was enforceable agreement he be paid in manner on which claim depended - claim dismissed.
Schoch
Napier v BHP Billiton (Worsley Alumina) Pty Ltd [2015] WASCA 230
Court of Appeal of Western Australia
McLure P; Buss & Newnes JJA
Workers compensation - appellant sought to appeal against primary judge’s refusal of leave to appeal from decision of WorkCover arbitrator - proper construction and application of cl17(1) of Sch 1. Workers' Compensation and Injury Management Act 1981 (WA) - nature and extent of nexus required between compensable injury or resulting incapacity and medical or surgical treatment for injured worker to be entitled to recover expenses - held: appellant's case on appealmaterially different to case run below - appellant’s case not supported by medical evidence or arbitrator's findings of fact - no basis to interfere with primary judge’s decision - leave to appeal refused - appeal dismissed.
Napier