ON 23 JUNE 2005, the High Court of Australia delivered Fingleton v R [2005] HCA 34; (2005) 216 ALR 474; (2005) 79 ALJR 1250; (2005) 153 A Crim R 503 (23 June 2005).
http://www.austlii.edu.au/au/cases/cth/HCA/2005/34.html
The Queensland Chief Magistrate’s conviction for unlawful retaliation against a witness was quashed on the basis that he Magistrates Act made her immune from prosecution.
Sydney, Australia
1300 00 2088
Boyd v Bert Bell/pete Rozelle Nfl Players Retirement Plan [2005] USCA9 326; 410 F.3d 1173 (13 June 2005).
http://www.worldlii.org/us/cases/federal/USCA9/2005/326.html
1300 00 2088
Gordon v Balgowlah Hardware & Electrical P/L (General) [2005] NSWCTTT 402 (3 June 2005).
http://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2005/402.html
Conomos v Mosman Municipal Council (3) [2005] NSWLEC 274 (27 May 2005).
ON 19 MAY 2005, the High Court of Australia delivered Allianz Aust v GSF Aust [2005] HCA 26; 221 CLR 568; 215 ALR 385; 79 ALJR 1079 (19 May 2005).
The High Court held that a worker who injured his back whilst directed by his employer to use crowbars to unload transport containers from a truck following a mechanical breakdown did not receive an “injury” within the meaning of the Motor Accidents Compensation Act 1999 as the mechanism was not defective. The injury was received through an unsafe system of work rather than the “use or operation of a motor vehicle”.
Sydney, Australia
1300 00 2088
Taylor v Mosman Council [2005] NSWLEC 233 (9 May 2005).
Taylor v Mosman Council [2005] NSWLEC 233 (9 May 2005).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2005/233.html
1300 00 2088
ON 26 APRIL 2005, the NSW Court of Appeal delivered QBE Insurance (Australia) Ltd v Smith by his next friend Avard & Anor [2005] NSWCA 130 (26 April 2005).
The plaintiff was a nine year old boy who had been travelling as a passenger in a truck driven by his father. They had been crabbing on a boat borrowed from a friend and were towing the boat back to it’s owner. The plaintiff’s father stopped the truck across the road from the boat owner’s premises and directed the plaintiff to cross the road and open the gate. The plaintiff was injured when he was struck by another vehicle whilst crossing the road.
The father was held to be at fault in pausing and arranging for the gate to be opened and this was compensable under the Motor Accidents Compensation Act 1999 as it occurred in the use or operation of a motor vehicle.
Sydney, Australia
1300 00 2088
ON 19 APRIL 2005, the NSW Land and Environment Court delivered Fabcot Pty Limited v North Sydney Council [2005] NSWLEC 180 (19 April 2005).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2005/180.html
The Court granted Woolworths to open a supermarket at 1-7 Rangers Avenue, Neutral Bay, on the condition that the consent is only valid as long as it continues to operate its supermarket in Grosvenor Street, Neutral Bay.
1300 00 2088
Legal Helpdesk Lawyers 