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Professional Negligence
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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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...
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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...
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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...
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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...
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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...
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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...
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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,...
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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 Barrister
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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...
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