Daily Insurance: Thursday, 25 June 2015 View in browser
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A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Insurance

Executive Summary (One Minute Read)
Chang v CST Minerals Lady Annie Pty Ltd (FCA) - summary judgment - sex discrimination - summary judgment refused - statement of claim not struck out
Fairfax Media Publications Pty Ltd v King (NSWCA) - pleadings - defamation - defences - contextual truth - leave to appeal from strike-out of contextual imputations refused
Stanton v Tyler (NSWSC) - summary dismissal - advocate’s immunity - summary dismissal of action against solicitor and barrister refused
Glavan v Abigroup Contractors (NSWSC) - judgments and orders - denial of fair opportunity to be heard in opposition to consent judgment - consent judgment set aside
M J Arthurs Pty Ltd v Heaysman (QCA) - building contract - valid withdrawal from building contract by notice of withdrawal by facsimile transmission - appeal dismissed
Summaries With Link (Five Minute Read)
Chang v CST Minerals Lady Annie Pty Ltd [2015] FCA 620
Federal Court of Australia
Mortimer J
Summary judgment - sex discrimination - applicant brought proceedings under Sex Discrimination Act 1984 seeking declaratory relief and compensation against respondent for alleged sex discrimination during her employment with respondent - respondent sought summary judgment or that amended statement of claim be struck out - held: inappropriate for decision to be taken by Court on summary basis which involved determination of questions of fact - inappropriate to determine questions of statutory construction on summary basis - applicant had pleaded material facts of allegations made - application dismissed.
Fairfax Media Publications Pty Ltd v King [2015] NSWCA 172
Court of Appeal of New South Wales
McColl, Emmett & Leeming JJA
Pleadings - defamation - defences - contextual truth - action arising out of publication of articles in newspapers - respondent objected to appellant’s contextual imputations on grounds they were imprecise and bad in form - respondent also submitted one contextual imputation was incapable of arising from relevant matter complained of - primary judge held contextual imputations were impermissibly imprecise, embarrassing or lacked sufficient specificity - imputations were struck out - held: primary judge did not err in concluding impugned imputations capable of further refinement - leave to appeal refused - appellant not precluded from seeking to plead contextual imputations with greater specificity, which would be a matter for the primary judge - application dismissed.
Stanton v Tyler [2015] NSWSC 797
Supreme Court of New South Wales
Hall J
Summary dismissal - plaintiffs pleaded causes of action including negligence against first defendant solicitor and second defendant barrister in relation to conduct of plaintiff’s proceedings and appeal proceedings - defendants each sought order summarily dismissing statement of claim and that judgment be entered in their favour -  defendants had raised defences based upon principle of advocates’ immunity from suit - held: in present case summary dismissal application not an appropriate vehicle to determine boundaries or reach of immunity and whether or not case beyond immunity - Court did not consider applicants discharged onus of establishing proceedings untenable on basis of advocates’ immunity  - plaintiffs’ contention that conduct fell outside scope of immunity was reasonably arguable - notices of motion dismissed.
Glavan v Abigroup Contractors [2015] NSWSC 807
Supreme Court of New South Wales
Campbell J
Judgments and orders - third defendant insurer sought to set aside consent judgment in favour of first defendant against plaintiff - insurer also moved on behalf of second defendant insured - r36.16 Uniform Civil Procedure Rules 2005 - balance between competing rights - held: first defendant entitled to make separate compromise with plaintiff but not entitled to enter into agreement with plaintiff that injured insurer’s interests or rights at least without giving insurer fair opportunity to be heard - insurer had been denied fair opportunity to be heard - consent judgment set aside.
M J Arthurs Pty Ltd v Heaysman [2015] QCA 113
Court of Appeal of Queensland
M McMurdo P; Holmes JA & Atkinson J
Building contract - service - appellant registered builder unsuccessfully sued respondents under building contract - trial judge held respondents had withdrawn from contract under s72 Domestic Building Contracts Act 2000 by notice of withdrawal given by facsimile transmission - appellant contended  trial judge erred in finding notice of withdrawal validly given because notice was not sent to its last known facsimile number, which was the form of service for which building contract provided - held: trial judge properly made findings that number in contract was last facsimile number for appellant known to respondents and that withdrawal notice was served on company by facsimile transmission to that number - appeal dismissed.