Glad Retail Cleaning Pty Ltd v Alvarenga [2013] NSWCA 482 Barrett JA at [1] Gleeson JA at [2] Sackville AJA at [3] Sackville AJA Was the Risk Obvious? 59 The definition of “obvious risk” incorporates an objective test but one that is to be applied by reference to the position of the person concerned. In...Read More
QBE v Orcher; Bowcliff v Orcher [2013] NSWCA 478 1 McCOLL JA: I agree with Tobias AJA’s reasons and the orders his Honour proposes. 2 MACFARLAN JA: Subject to the following, I agree with the judgment of Tobias AJA. 3 As, for reasons given by his Honour, it was not established that Mr Paea was...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 CormackRead More
Egan v Mangarelli [2013] NSWCA 413 Before Barrett JA at [1]; Ward JA at [2]; Tobias AJA at [3]. Decision 1. Appeal dismissed. 2. The appellant to pay the respondents’ costs of the appeal. 3. Cross-appeal dismissed.[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment...Read More
Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10 (3 April 2013) I refer you to the judgment summary and the plurality of the court in relation to causation: 43. The proper identification of damage should usually point the way to the acts or omissions which were its cause. Causation is...Read More
Jackson v Bishop & Anor [2013] QDC 279 JUDGE: Kingham DCJ ORDERS: 1. I award the sum of $144,085.16 to Mr Jackson in damages for personal injuries.2. Unless the parties submit for a different order within 7 days, the second defendant must pay the plaintiff’s costs of and incidental to these proceedings, assessed on...Read More
Richards v Gray [2013] NSWCA 402 Before Bathurst CJ at [1], Beazley P at [162], McColl JA at [163], Basten JA at [164], Meagher JA at [241] Decision 1. Appeal allowed in part. 2. Set aside order (1) entered on 16 December 2011 and, in place thereof, give judgment for the plaintiff in the...Read More
Hartin v Rigel Constructions Pty Ltd & Anor [2013] QSC 320 CATCHWORDS: DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT AND/OR BREACH OF CONTRACT – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL PRINCIPLES – where the plaintiff was employed by the defendant as a delivery driver – where the plaintiff was...Read More
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