ON 17 JUNE 2014, the NSW Land and Environment Court delivered Mulcahy v North Sydney Council [2014] NSWLEC 1110.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172135
The court dismissed an appeal against a refusal by North Sydney Council of a development application seeking the construction of a garage at 53 Kareela Road Cremorne Point.
1300 00 2088
ON 23 MAY 2014, the Supreme Court of NSW delivered Chaina v Presbyterian Church (NSW) Property Trust (No. 25) [2014] NSWSC 518 (“Scots College case”).
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=171197
The parents of a deceased schoolboy and a company related to the parents were awarded damages against the boy’s school arising from admitted negligence causing the boy’s drowning on a school hike in 1999.
The court found that the parents suffered mental harm which resolved by June 2001.
The parents were awarded damages which included an amount of $75,000 for their costs associated with the coronial inquest.
The father was awarded $202,486, the mother was awarded $138,887 and both were awarded $95,00 jointly. The associated company was awarded $56,000 with respect to a claim for loss of services (per quod servitium amisit) arising from the inability of the parents to work whilst suffering from the mental harm.
The amount awarded to the company was significantly less than that which the company had sought.
Sydney, Australia
1300 00 2088
ON 20 MAY 2014, the NSW Land and Environment Court delivered Highbury Group Pty Ltd v Manly Council [2014] NSWLEC 1094 (20 May 2014).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2014/1094.html
A developer made an application under s96(8) of the Environmental Planning and Assessment Act 1979 to modify under s96(2) a development consent with respect to residential units at 4 West Street, Balgowlah.
The appeal was upheld and the development consent was modified accordingly.
Sydney, Australia
1300 00 2088
ON 16 MAY 2014, the High Court of Australia delivered Sidhu v Van Dyke [2014] HCA 19 (16 May 2014).
http://www.austlii.edu.au/au/cases/cth/HCA/2014/19.html
The High Court dismissed an appeal from the NSW Court of Appeal, which had held that Mr Sidhu could not depart from assurances previously given to his former partner, Ms Van Dyke, that he would transfer certain real property to her.
The High Court was satisfied from the evidence given by Ms Van Dyke at the trial that she had acted to her detriment in reliance on Mr Sidhu’s representations and that she was entitled to equitable compensation to be assessed with reference to the value of the property in question.
.”
Sydney, Australia
1300 00 2088
ON 2 APRIL 2014, the High Court of Australia delivered Taylor v The Owners Strata Plan 11564 [2014] HCA 9.
The appellant, Susan Taylor, successfully appealed a decision of the NSW Court of Appeal with respect to a claim for a fatal accident involving her late husband, Craig Taylor. The deceased was killed on 7 December 2007, when an awning outside a shop on Sydney Road, Balgowlah, collapsed on him. The appellant made a claim under the Compensation to Relatives Act 1897 on her own behalf and on behalf of the dependants of the deceased. Part of the claim involved a loss of expectation of financial support.
The High Court held that s12(2) of the Civil Liability Act 2002 (NSW) (which limits damages for economic loss and loss of expectation of financial support) does not apply to claims under the Compensation to Relatives Act 1897 (NSW). It was held that Act is to be construed so that the limits imposed by the section related to the “claimant” but not the deceased. Accordingly, when assessing damages for loss of expectation of financial support, the court was not required to disregard the amount by which the deceased’s gross weekly earnings, but for his death, would have exceeded three times the average weekly earnings.
Sydney, Australia
1300 00 2088
ON THIS DAY in 2014, the UK Marriage (Same Sex Couples) Act 2013 allowed same sex couples in England and Wales to marry.
http://www.legislation.gov.uk/ukpga/2013/30/contents/enacted/data.htm
ON THIS DAY in 2013, the National Disability Insurance Act 2013 (Cth) received assent.
http://www.austlii.edu.au/au/legis/cth/consol_act/ndisa2013341
1300 00 2088
ON 7 APRIL 2011, the High Court of Australia delivered Miller v Miller [2011] HCA 9 (7 April 2011).
A joint illegal enterprise (eg joyride) negates a duty of care (driver to passenger) thereby creating a defence of illegality on the part of the driver/insurer: see Gala v Preston [1991] HCA 18. However, in Miller v Miller the High Court held that the plaintiff (injured passenger) was owed a duty of care because she withdrew from the enterprise by asking to be let out of the car and there were no reasonable steps available to her to prevent the continuation of the offence.
http://www.austlii.edu.au/au/cases/cth/HCA/2011/9.html
Sydney, Australia
1300 00 2088
A father obtained a paternity test of his son without obtaining the mother’s consent. The father had lied to the son about his reasons for taking the swab.
Justice Dawes found that the specimen had been obtained improperly and used her discretion under s138EA to refuse to admit into evidence the laboratory report because of the threat of the integrity of the process as well as the improper way in which the specimen had been obtained.
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCA/2009/825.html
Sydney, Australia
1300 00 2088
North Sydney Council v Moline; North Sydney Council v Tomkinson [2008] NSWLEC 57 (7 February 2008).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2008/57.html
1300 00 2088
Legal Helpdesk Lawyers 
