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October 15, 2013
Liddy v Bazley [2013] NSWCA 319 (27 September 2013) (Basten JA at [1];, Emmett JA at [73];, Leeming JA at [81])   Before Basten JA at [1]; Emmett JA at [73]; Leeming JA at [81]  Decision (1) Allow the appeal and set aside the judgment and orders made in the District Court.(2) In place thereof,...
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Austin v Parmalat Australia Ltd [2013] QSC 227   JUDGE: Dalton J  ORDER: Judgment for the plaintiff against the defendant in the sum of $974,856.80  CATCHWORDS: TORTS      –      NEGLIGENCE      –      CONTRIBUTORYNEGLIGENCE – where the plaintiff worked for the defendant – where the plaintiff suffered injuries during  a work accident – whether there was contributory negligence...
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Mio Art Pty Ltd v Macequest Pty Ltd & Ors [2013] QSC 211   Jackson J: [61] This illustrates why and emphasises that, in a case of complexity, it is critical that the pleading allege “all the material facts… but not the evidence by which the facts are to be proved.”[16] Otherwise, the would-be analyst...
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Coco v Ord Minnett Ltd [2012] QSC 324   Jackson J: [18] Secondly, the exercise of discretion under UCPR 171 varies according to which of the relevant paragraphs of that rule is in play. For example, if the court determines that a statement of claim discloses no reasonable cause of action it is determining that...
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Robinson v Studorp [2013] QSC 238   PRIVATE INTERNATIONAL LAW – RESTRAINT OF PROCEEDINGS – OF LOCAL PROCEEDINGS: CLEARLY INAPPROPRIATE FORUM – GENERALLY – where the plaintiff claims damages for personal injuries caused by the defendant’s negligence in New Zealand – where the defendant filed an application to stay the proceeding pursuant to Uniform Civil...
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Gibbings v McGinn [2013] QDC 213   Catchwords:   Uniform Civil Procedure Rules 116 Service of claim and statement of claim by use of email     David Cormack – Brisbane Barrister.
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Apache Energy Ltd v Alcoa of Australia Ltd [No 2] [2013] WASCA 213   Catchwords: Tort Negligence Duty of care Pure economic loss Contracts for the supply of gas by the appellants to the respondent Interruption in the supply of gas Whether respondent’s claim in negligence untenable Whether summary judgment should be entered for the...
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Paul v Cooke [2013] NSWCA 311   Before:       Basten JA at [1]; Ward JA at [14]; Leeming JA at [19].   Decision: Appeal dismissed, with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded...
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Dart v Singer; Hajridin v Singer [2013] QCA 255   Margaret McMurdo P and Gotterson JA and Margaret Wilson J:   APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN GRANTED – where each applicant was convicted and sentenced in the Magistrates...
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Nemeth v Westfield Shopping Centre Co Management Pty Ltd [2013] NSWCA 298   Before:  Meagher JA; Barrett JA Catchwords   DAMAGES – assessment of damages – personal injury – non-economic loss – whether trial judge assessed on wrong factual basis – no question of principle DAMAGES – assessment of damages – personal injury – economic...
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