Month

August 2014
Ghobrial v Assaf & Ors [2014] QDC 141 Kevin Zhang The District Court at Southport, in the decision of Ghobrial v Assaf v Ors, recently gave judgment ordering that an injured plaintiff’s claim against the owner occupiers of a residential property be dismissed for failing to comply with strict court orders setting out conditions on a previous...
Read More
JK v State of New South Wales [2014] NSWSC 1084 Scott Cowell Partner Moray Agnew Overview The State of New South Wales (the State) successfully argued before the New South Wales Supreme Court (judgment delivered 14 August 2014) that QR (the teacher) should make a substantial contribution towards a consent judgment (the settlement) the State...
Read More
Further to the recent decision of Dunning v BHP Billiton Limited [2014] NSWDDT 3 (appeal:BHP Billiton Ltd v Dunning [2015] NSWCA 55) and the earlier jury verdict in Amaca Pty Ltd v King [2011] VSCA 447 ; obita dicta in Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82, the decision in Amaca Pty Ltd v...
Read More
Dunning v BHP Billiton Limited [2014] NSWDDT 3 Further to my earlier post about increasing general damages, Kearns J awarded a 54 year old plaintiff diagnosed with mesothelioma at the age 50 years, $500,000 and acknowledged it is $150,000 more than previous awards in the DDT. It is notable that awards in the DDT have...
Read More
Amaca Pty Ltd v Phillips [2014] NSWCA 249 The decision involved the application of s.15B of the Civil Liability Act 2002 (NSW) in respect of what was at common law known as Sullivan v Gordon damages ([1999] NSWCA 338; (1999) 47 NSWLR 319). The section was enacted after the decision of CSR Ltd v Eddy [2005]...
Read More
In brief: Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege, following a recent Federal Court decision that confirmed the limits on the extent to which legal professional privilege will apply. Partner Richard Harris(view CV) and Law Graduate Sibella...
Read More
Vergara v Ewin [2014] FCAFC 100 The trial finding by Bloomberg J included substantiation of the allegation of a contravention of s 28B(6) of the Sex Discrimination Act 1984 (Cth) of unwelcomed sexual intercourse, including: kissing; touching and stroking of the respondent’s body, her breasts and genitalia, which in all the circumstances, a reasonable person...
Read More
Haylett v Hail Creek Coal Pty Ltd [2014] QSC 176   Philip McMurdo J followed MBR v Parker [2012] QCA 271 and found the relevant question under the prescribed form (s.46 of the Coal Mining Health and Safety Regulation 2001 (Qld)) in relation to Mr Haylett’s fitness for duty was not answered in terms of the...
Read More
Bell v Hendry & Ors [2014] ICQ 018 Martin J concurred with the original decision and found the complaint under the Justices Act 1886 a nullity and dismissed the appeal. In coming to the decision his Honour considered the particulars and found they did everything but assist: [25] Part of the problem which has led...
Read More
Tawera v BDS Recruit Pty Ltd & Anor [2014] QDC 167   The plaintiff failed on causation because the defendants established the plaintiff knew of safe manual handling techniques and on his own concession that it was common sense not to kick something large (bags of mortar which were preventing the door from closing on...
Read More
1 2

Recent Comments

    Categories