Waller v Suncorp Metway Insurance Limited [2010] QCA 17 Their Honours Chesterman JA and A Lyons J reviewed the leading decisions with regard to gratuitous care and in particular the decision of Goode v Thompson and Suncorp Metway Insurance Limited [2002] QCA 138 in the context of agency fees above the cost of employment [...]
Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCA 44 Justice Gordon in applying IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14; (2009) 254 ALR 386 has found that there is no copyright in the data contained in the White Pages or Yellow Pages directories. The rationale for this is [...]
David & Gai Spankie & Northern Investment Holdings Pty Limited v James Trowse Constructions Pty Limited & Ors [2010] QSC 29 I refer to my recent posting re: good faith. His Honour McMurdo contrasted the broad approach and strict approach to “lack of good faith” as discussed by Holmes JA and P Lyons in Queensland [...]
Hanson Construction Materials P/L v Norlis & Ors [2010] QSC 34 Her Honour Wilson found the holding defence prepared and filed by a very inexperienced solicitor in the terms below did not discharge the requirements of rule 166 of the Uniform Civil Procedure Rules (“UCPR”): [5] On 19 August 2009 the second and third defendants [...]
His Honour McMurdo in the 4 decisions below gave judgment in a number of different cost scenarios: LAB v AWH (No. 2) [2010] QSC 021Whether the circumstances justified an order for costs pursuant to the Property Law Act 1974 (Qld); Nu-Log Pty Ltd v Coghlan (No. 2) [2010] QSC 020Plaintiff claimed indemnity costs; Yara Nipro [...]
Glover v Lim & Others [2010] QSC 26 An example and reminder as to the sizable amount administration costs can be – in this instance $189,500.00 on a $3,200,000.00 settlement. Brisbane Barrister – David Cormack
Van de Velde v State of Queensland [2010] QDC 19 His Honour McGill DCJ helpfully considers the authorities regarding the pending expiration of the limitation period when leave pursuant to section 43 of the Personal Injuries Proceedings Act 2002 (Qld) is given: Davison v State of Queensland (2006) 226 CLR 234 GU v TO [2005] [...]
JANUARY is traditionally a slow news month. Perhaps this is why a comparatively dull topic such as corporate law reform generated much in the way of press on and around 20 January 2010. Even more so when one considers that perhaps the relevant minister, Chris Bowen, may have been able to have achieved what many [...]
Norton Rose Last week, the Government tabled the report of the Australian Law Reform Commission’s recent review of the Royal Commissions Act 1902 (Cth). The report, Making Inquiries: A New Statutory Framework, is the first major review of the Royal Commissions Act in its 107 year history. The report, which contains 82 recommendations, addresses a number of [...]
Queensland Bulk Water Supply Authority t/a Seqwater v McDonald Keen Group P/L (in liq) & Anor [2010] QCA 7 I refer to my earlier postings in respect of the mechanism of the Building Construction Industry Payments Act 2004 Qld (“ BCPIA”). Her Honour Holmes JA delivered the leading judgment, with His Honour Fraser [...]