| Wu v Li (FCAFC) - contract - evidence - costs - liability under indemnity provision of shareholder agreement - appeal dismissed - cross-appeal allowed in part (I B) |
| Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi S.R.L. (No 11) (FCA) - trade practices - consumer law - ACCC’s application for further and better discovery dismissed (I B C) |
| Parker v City of Bankstown RSL Community Club Ltd (NSWCA) - negligence - occupier’s liability - fall on step in Club - inadequate lighting not established - appeal dismissed (I) |
| Sutherland Shire Council v Major (NSWCA) - damages - respondent injured when railing gave way - Council conceded liability - Council’s appeal against assessment of damages allowed (I C) |
| Bradley v Matloob (NSWCA) - motor vehicle accident - identity of at fault driver - failure to address submission driver must have known they caused accident or near miss - appeal allowed - judgment entered against Nominal Defendant (I) |
| Weipa Hire Pty Ltd v Commonwealth of Australia (QSC) - contract - claim for amount owing for provision of services - summary judgment refused - strike out application refused (I B C) |
| Rainoldi v Rainoldi (WASC) - Wills - application for directions as to interpretation of home-made Will of deceased - home-made Will interpreted (B) |
| Summaries With Link (Five Minute Read) |
Wu v Li [2015] FCAFC 109
Full Court of the Federal Court of Australia
Foster, Davies & Ranghia JJ
Contract - evidence - costs - respondent succeeded on claim against appellant under indemnity provision of shareholder agreement - appellant appealed from decision he was liable to indemnify respondent - respondent cross-appealed decision on quantum, against finding he failed to prove loss and damage on misleading and deceptive conduct claim, and against finding he did not prove breach of contract by appellant - s46 Fair Trading Act 1992 (ACT) - s191 Evidence Act 1995 (Cth) - held: appellant did not succeed on grounds of appeal - respondent successful in showing judgment ought to have been given for him on indemnity claim in larger sum - cross-appeal otherwise dismissed - appellant only to bear a portion of respondent’s costs because he succeeded on only one of several grounds of cross-appeal - discount of 40% reasonable.
Wu (I B)
|
Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi S.R.L. (No 11) [2015] FCA 876
Federal Court of Australia
Besanko J
Discovery - trade practices - consumer law - applicant claimed second respondent contravened Trade Practices Act 1974 (Cth) and Competition Codes by making arrangement or understanding described as “Snowy Hydro Project Agreement” - applicant sought further and better discovery against second respondent - r 20.21 Federal Court Rules (2011) (Cth) - held: there were relevant documents which had not been discovered by second respondent, however documents were in control of subsidiary of second respondent - evidence did not provide reasonable grounds for being fairly certain documents were or had been in second respondent’s control - application dismissed.
ACCC (I B C)
|
Parker v City of Bankstown RSL Community Club Ltd [2015] NSWCA 246
Court of Appeal of New South Wales
Macfarlan & Simpson JJA; Sackville AJA
Negligence - occupier’s liability - appellant injured when she fell down step in first respondent Club’s auditorium - second and third respondents were conducting a dance concert in auditorium - appellant claimed damages for negligence from respondents on basis steps inadequately lit - primary judge entered judgment for respondents - appellant contended primary judge erred in not finding respondents negligent and challenged assessment of damages that would have been payable - held: primary judge’s finding that strip lighting was on when appellant fell upheld - appellant did not establish step was inadequately lit - appeal dismissed.
Parker (I)
|
Sutherland Shire Council v Major [2015] NSWCA 243
Court of Appeal of New South Wales
McColl, Emmett & Sackville JJA
Damages - respondent injured when railing on which he was sitting gave way - respondent sued Council in negligence for not maintaining the railing - Council ultimately conceded liability - primary judge assessed damages at $278,392 - Council appealed against assessment of damages - ss3, 13, 16, 17A Civil Liability Act 2002 (NSW) - held: primary judge erred in assessment of damages for non-economic loss, future economic loss and future paid care - appeal allowed - verdict and judgment for the plaintiff in the sum of $136,419.
Sutherland (I C)
|
Bradley v Matloob [2015] NSWCA 239
Court of Appeal of New South Wales
McColl & Leeming JJA; Beech-Jones J
Motor vehicle accident - respondent injured in motor vehicle accident - respondent sued appellant alleging he was driver of other vehicle described by witness - respondent also sued Nominal Defendant - sole issue whether at fault vehicle driven and owned by appellant or unidentified driver - primary judge found appellant was driver and owner of vehicle at fault - judgment entered for respondent against appellant - proceedings against Nominal Defendant dismissed - appellant contended primary judge erred in accepting witness’s evidence and failing to address and resolve submission that driver of vehicle at fault must have realised they caused accident or near miss - held: primary judge failed to address and resolve submission - adverse finding against appellant required finding that appellant lied in denying any knowledge of incident - no such suggestion made before primary judge - judgment against appellant set aside - judgment entered against Nominal Defendant - appeal allowed.
Bradley (I)
|
Weipa Hire Pty Ltd v Commonwealth of Australia [2015] QSC 242
Supreme Court of Queensland
Henry J
Summary judgment - plaintiff leased hospital from Department - plaintiff and defendant made agreement by which plaintiff agreed to provide services to defendant - plaintiff claimed amount for continued provision of accommodation and services at hospital to Department after defendant’s staff no longer in occupation or using services - defendant sought summary judgment or to strike out material paragraphs of statement of claim - held: Court satisfied component of claim concerning presence of asbestos in ex-hospital rooms and vacation of premises not suitable for summary determination - Court not satisfied plaintiff had no real prospect of success on component of claim relating to continuation of agreement - summary judgment as to claim for reasonable remuneration also failed - strike-out application refused - applications dismissed.
Weipa (I B C)
|
Rainoldi v Rainoldi [2015] WASC 312
Supreme Court of Western Australia
Master Sanderson
Wills and estates - home-made Will - plaintiff administrator of deceased’s estate sought directions under s45 Administration Act 1903 (WA) - plaintiff sought interpretation of homemade Will - whether provision concerning continuation of business partnership between testator and plaintiff set out in clause of Will was effective - whether partial intestacy as to testator's interest in business partnership between himself and plaintiff - construction of Will - held: Court not satisfied clause of Will created leasehold interest in favour of first defendant - parties agreed there was partial intestacy as to testator's interest in business partnership between himself and plaintiff - no intestacy as to what would have been 25% interest of first defendant - second, third and fourth defendants each takes one third interest in property - Will interpreted.
Rainoldi (B)
|
