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Contract
Emprja Pty Ltd v Red Engine Group Pty Ltd [2017] QSC 33 Jackson J The applicant sought injunctive relief either to require the respondent to comply with dimensional requirements of a moored boat or to restrain a trespass constituted by a part of the boat protruding over the boundary of the sublease for the berth....
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Robinson & Anor v Westpac Life Insurance Services Limited [2017] QDC 40 Smith DCJA The plaintiffs claimed the defendant had breached a contract of insurance by failing to pay out on a TPD claim. By September 2015 the defendant had refused to pay out the claim three times. The defendant requested particulars, which when provided...
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Actron Investments Queensland Pty Limited v D.D.S Project Management Pty Ltd & Ors [2016] QSC 306 Mullins J The plaintiff purchased a newly constructed industrial building in 2007 for use as a warehouse. The building site contained marine clays which consolidated causing uneven slab settlement. The defendant engineer had designed the slab and certified the...
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CGU Insurance Ltd v Blakeley & Ors [2016] HCA 2 I refer you to the judgment summary. The issue in dispute before the High Court was whether the exercise of the Supreme Court of Victoria’s federal jurisdiction extended to joining the insurer, CGU under section 562 of the Corporations Act (and s.117 of the Bankruptcy Act...
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State of New South Wales v Shaw [2015] NSWCA 97  HEADNOTE – [This Headnote is not to be read as part of the judgment] In 1999, Mr Shaw and Ms Salt (the respondents/cross-appellants) were appointed as probationary teachers assigned to the Bourke Public School. The State of New South Wales (the appellant/cross-respondent) was deemed to...
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Gramotnev v Queensland University of Technology [2015] QCA 127 I refer to the earlier posting wherein McMeekin J’s decision was in the main upheld, save whether the policy regarding disciplinary action for misconduct and serious misconduct contained contractual terms, which Jackson J found it did (Margaret McMurdo P and Holmes JA agreeing): [3] The question...
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Harbour City Ferries Pty Ltd v Toms [2014] FWCB 6249 The employer dismissed the Mr Toms the respondent because of his serious misconduct, namely attending work and testing positive to marijuana in contravention of their zero tolerance policy on drugs. The circumstances in which this became known followed a crash of the ferry Marjorie Jackson...
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Romero v Farstad Shipping (Indian Pacific) Pty Ltd [2014] FCAFC 177 The appeal was confined to a narrow issue of whether the employer’s policy formed part of the contract of employment or was merely aspirational. The court (Allsop CJ, Rares J and Mckerracher J) found it was and had not been complied with. The consequence...
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Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014) The long awaited decision reversed the Full Federal Court’s decision. I refer you to the judgment summary and briefing by Allens: In brief: A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should...
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Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7   FRENCH CJ, HAYNE, CRENNAN AND KIEFEL JJ.   35. Both Verve and the Sellers recognised that this Court has reaffirmed the objective approach to be adopted in determining the rights and liabilities of parties to a contract. The meaning of the terms of a...
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