Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22 (8 June 2016) I refer you to the High Court’s judgment summary. In allowing the appeal the High Court held as follows regarding causation: Causation Having found that Mr McDermott had not established that Robinson breached its duty of care to him, the judge did not...Read More
Selig v Wealthsure Pty Ltd [2015] HCA 18 (13 May 2015) I refer you to the judgment summary. Where there are multiple claims arising from the same facts, the High Court unanimously held that the defence of non-apportionable claims can be maintained, even if they are for the same loss. In this instance, Mr and...Read More
Mellare v United Pacific Industries Ltd [2014] NSWSC 1626 The baby’s mother had purchased a gel pack which she used to treat a burn to his hand in 2010. In her momentary absence, four year old Jason Mellare bit into the skin of the pack, puncturing it and ingesting its toxic contents. He deteriorated rapidly and was treated...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
Motorcycling Events Group Australia Pty Ltd v Kelly [2013] NSWCA 361 A motorcycle racing trainer has implored the Supreme Court to rigourously apply a federal “recreational services” antidote to protect its contractual liability waiver against consumer protection anti-avoidance measures in the to defence of a serious injury compensation claim of one of its injured participants....Read More
Seeley International v Jeffrey [2013] VSCA 288 Catchwords NEGLIGENCE – Product liability – Causation – House fire damaged respondents’ home in 2003 – Competing expert evidence as to the whether the fire was caused by evaporative air cooler or downlights – Whether evaporative air cooler manufactured by the appellant was the cause of a...Read More
Wright v KB Nut Holdings Pty Ltd [2013] QCA 66 The Court of Appeal reversed a judgement that last year saw a South Australian tourist fail in a lawsuit against Bonapartes Serviced Apartments in Spring Hill in which she claimed damages as a result of her hand being impaled on a discarded hypodermic syringe in...Read More
Authors Claire Forster, Niall Watson-Dunne Introduction What is the law relating to unfair contract terms? Contract Terms of Concern Unfair contract terms in focus Implications for business Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and disclaimers. Read More
ASIC v Ingleby [2013] VSCA 49 Issue: Approach to agreed penalty taken in NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; (1996) 71 FCR 285 and Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 doubted. Weinberg JA with whom Harper JA and...Read More
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