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...Read More
Badenach & Anor v Calvert [2016] HCA 18 French CJ, Kiefel, Gageler, Keane and Gordon JJ The appellant was a solicitor instructed to prepare a will for his client (“the client”) by which the entirety of the client’s estate was to pass to the respondent. The will was drawn according to the client’s instructions and...Read More
Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16 French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ The appellant guaranteed the payment of liabilities of a company amounting to approximately $3.4M. The guarantor’s liability was capped at $1.5M. The company defaulted on the payment of its liabilities and the bank brought proceedings...Read More
Christian Education Ministries – Qld Ltd v Thomson Adsett Pty Ltd [2015] QDC 292 The plaintiff engaged the defendant as architects to provide plans for a multipurpose hall under the then ‘building education revolution program’ for one of its schools. In dispute was whether the plans were to accommodate a full size basketball court, and...Read More
Owens v Galvin [2014] VSCA 33(11 March 2014) (BEACH JA and McMILLAN AJA) Catchwords NEGLIGENCE – Legal practitioners – Barrister – Scope of retainer – Barrister’s duty to advise – Content of duty – Standard of care – Whether barrister negligent in failing to advise about additional ways of ending bankruptcy – Barrister...Read More
Smith v Croote Pty Ltd [2014] NSWCA 35 (Meagher JA at [1]; Ward JA at [4]; Emmett JA at [5].) Catchwords TORTS – negligence – dangerous premises – injuries to persons entering premises – whether hotel proprietor and security provider liable Emmett JA (Meagher and Ward JJA agreeing): 1 MEAGHER JA: This is...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
Liddy v Bazley [2013] NSWCA 319 (27 September 2013) (Basten JA at [1];, Emmett JA at [73];, Leeming JA at [81]) Before Basten JA at [1]; Emmett JA at [73]; Leeming JA at [81] Decision (1) Allow the appeal and set aside the judgment and orders made in the District Court.(2) In place thereof,...Read More
Rosa v Galbally & O’Bryan (No 2) [2013] VSCA 154 TORT – Professional negligence – Damages – Assessment – Compensatory damages – Value of the loss of chance – Johnson v Perez [1988] HCA 64; (1988) 166 CLR 351 – Substitution of award of damages. David Cormack – Brisbane BarristerRead More
Sciacca v Ling & Anor [2013] QSC 97 JUDGE: North J ORDER: Application dismissed CATCHWORDS: LIMITATION OF ACTIONS – POSTPONEMENT OF THE BAR – EXTENSION OF PERIOD – CAUSE OF ACTION IN RESPECT OF PERSONAL INJURIES – KNOWLEDGE OF MATERIAL FACTS – MATERIAL FACTS OF A DECISIVE CHARACTER – EVIDENCE TO ESTABLISH RIGHT OF...Read More
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