Month

December 2013
Mikaera v Newman Transport Pty Ltd [2013] NSWCA 464   McColl JA at [1], Basten JA at [49], Macfarlan JA at [54] 33 Section 5R of the Civil Liability Act provides: “5R Standard of contributory negligence (1) The principles that are applicable in determining whether a person has been negligent also apply in determining whether...
Read More
The Commonwealth v Australian Capital Territory [2013] HCA 55 (12 December 2013)   I refer you to the judgment summary.   Catchwords: Constitutional law (Cth) – Powers of federal Parliament – Section 51(xxi) – Marriage – Whether s 51(xxi) confers power with respect to same sex marriage. Territories (ACT) – Inconsistency of Commonwealth and Territory...
Read More
Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54 I refer you to the judgment summary.   CATCHWORDS Australian Competition and Consumer Commission v TPG Internet Pty Ltd Consumer law – Misleading or deceptive conduct – Whether respondent’s advertisements breached Trade Practices Act 1974 (Cth) (“TPA”) and Australian Consumer Law –...
Read More
Takla v Nasr [2013] NSWCA 435   Before McColl JA at [1], Basten JA at [98], Hoeben JA at [105]  Decision Appeal dismissed with costs. Catchwords TORTS – professional negligence – where appellant retained respondent solicitor on purchase of townhouse – where appellant paid 80 per cent of purchase price as deposit – where vendor...
Read More
State of New South Wales v Beck; Commissioner of Police v Beck [2013] NSWCA 437   Before Beazley P at [1] Barrett JA at [8] Ward JA at [9] Decision In CA 2013/043889: 1. Appeal allowed. 2. Set aside orders made by Adams J. 3. The matter be remitted to the Common Law Division for...
Read More
Callanan v Attendee X [2013] QSC 340 (12 December 2013) Callanan v Attendee Z [2013] QSC 342 (12 December 2013) Callanan v Attendee Y [2013] QSC 341 (12 December 2013)   JUDGE: Applegarth J ORDER: I am satisfied beyond reasonable doubt that the respondent was in contempt of the presiding officer in that he refused...
Read More
Gratrax Pty Ltd v T D & C Pty Ltd [2013] QCA 385   Further to my earlier posting, the appeal was dismissed and Fraser JA (with whom Morrison JA and Wilson J agreed) held: The correct approach to determine the necessary causal connection between breach of duty and a claimant’s loss and a supervening...
Read More
Gratrax Pty Ltd v TD & C Pty Ltd [2013] QDC 63   JUDGE: McGill SC DCJ ORDER: Judgment that the Defendant pay the Plaintiff $12,901 including $4,154 by way of interest. CATCHWORDS: CONTRACT – breach – damages – causation – whether damages increased by unexpected voluntary inappropriate action of plaintiffNEGLIGENCE – causation – novus...
Read More
Endeavour Foundation v Weaver [2013] QCA 371 Further to my earlier post, the plaintiff’s claim has been dismissed. Holmes JA with whom Fraser JA and Margaret Wilson J concurred: [41] The distinction which the learned judge drew between the situation of a real-life attack, in which moving quickly backwards would be justified and the training...
Read More
White v Australian Securities and Investments Commission & Ors [2013] QCA 357 A useful decision considering the principles in McMahon v Gould[7] and competing interests between a civil trial and criminal trial, when considering a stay. Brisbane Barrister – David Cormack
Read More
1 2 3

Recent Comments

    Categories