Tag Archives: LOWER NORTH SHORE

Damages, Evidence, Personal Injury

Purkess v Crittenden [1965] HCA 34 | 16 July 1965

ON 16 JULY 1965, the High Court of Australia delivered Purkess v Crittenden [1965] HCA 34; (1965) 114 CLR 164 (16 July 1965).

http://www.austlii.edu.au/au/cases/cth/HCA/1965/34.html

Where a plaintiff has made out a prima facie case that his or her incapacity was the result of the defendant’s negligence, the onus of adducing evidence that the incapacity was to do with a pre-existing condition, or that the incapacity would have in any event resulted from the pre-existing condition, rests with the defendant. However, the burden remains on the plaintiff on the whole of the evidence to satisfy the court or tribunal of the extent of the injury caused by the defendant’s negligence.

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Sydney, Australia

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Damages, Medical negligence, Negligence

Cattanach v Melchior [2003] HCA 38 | 16 July 2003

ON 16 JULY 2003, the High Court of Australia delivered Cattanach v Melchior [2003] HCA 38; 215 CLR 1; 199 ALR 131; 77 ALJR 1312 (16 July 2003).

http://www.austlii.edu.au/au/cases/cth/HCA/2003/38.html

A woman went to a doctor for a sterilisation procedure as she and her husband did not intend to have any more children. She told the doctor that she believed that her right fallopian tube had been removed when she was 15. The doctor performed a tubal ligation on the left fallopian tube and made no further investigation regarding the right tube. As it turned out, the right tube had not been removed and the woman later fell pregnant, unintentionally.

The woman and her husband sued the doctor and the State of Queensland (who ran the hospital) seeking damages for negligence on the grounds that the doctor failed to advise the woman of the risks of conceiving without specific investigation of the right fallopian tube.

The woman and her husband were awarded damages for the costs of raising and maintaining the healthy but unintended child, despite those damages being for pure economic loss (ie not arising from any actual injury).

The Civil Liability Acts have since prohibited awards of damages for the costs of rearing or maintaining a child or the parents’ loss of earnings whilst rearing or maintaining a child.

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LAW FIRM, Privacy

Privacy Concerns about the Opal Card

ON 16 JULY 2014, the NSW Privacy Commissioner issued a media release in response to privacy concerns about the Opal Card.

Under existing privacy laws, law enforcement bodies may access information reasonably required for their investigations. The police will therefore be able to access personal information stored on an individual’s Opal card.

The NSW Privacy Commissioner says that it is important that the police inform the public on the rules for accessing their Opal card information and that Transport NSW has ongoing processes to keep the information secure.

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Damages, Discrimination Law, Human Rights

Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82

ON 15 JULY 2014, the Full Court of the Federal Court of Australia delivered Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 (15 July 2014).

http://www.austlii.edu.au/au/cases/cth/FCAFC/2014/82.html

On appeal, an employee of Oracle had her damages award increased from $18,000 to $130,000 with respect to sexual harassment she suffered from another employee.

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Sydney, Australia

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Criminal Law

Gerard Baden-Clay guilty

Gerard Baden-Clay has been found guilty of murdering his wife, Allison Baden-Clay.

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Family Law

DJM and JLM [1998] FamCA 97 | 15 July 1998

ON 15 JULY 1998, the Family Court of Australia delivered DJM and JLM [1998] FamCA 97 (15 July 1998).

http://www.austlii.edu.au/au/cases/cth/FamCA/1998/97.html

The court considered a number of issues including the determination of the pool of assets and how to treat a post separation change of employment resulting in a voluntary reduction of earnings less than one’s earning capacity.

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Sydney, Australia

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Duty of Care, Torts

Junior Books Ltd v Veitchi Co Ltd [1982] UKHL 4 | 15 July 1982

ON 15 JULY 1982, the House of Lords delivered Junior Books Ltd v Veitchi Co Ltd [1982] UKHL 4 (15 July 1982).

http://www.bailii.org/uk/cases/UKHL/1982/4.html

Junior Books contracted with a business to lay a composite flooring in their factory. Veitchi was sub-contracted to do the work. The work was defective so Junior Books sued Veitchi, not the main contractor, for damages including the cost of replacing the floor and consequential business interruption. The claim was based in tort as there was no contractual relationship between Junior Books and Veitchi.

The House of Lords held that there was sufficient proximity between Junior Books and Veitchi to establish a duty of care and no reason to restrict that duty.

The House of Lords accepted that pure economic loss may be foreseeable when there is a sufficient degree of proximity between the parties.

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Sydney, Australia

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Costs, Ethics, Pleadings, Practice and Procedure

White Industries (Qld) Pty Ltd v Flower & Hart (a firm) [1998] FCA 806 | 14 July 1998

ON 14 JULY 1998, the Federal Court of Australia delivered White Industries (Qld) Pty Ltd v Flower & Hart (a firm) [1998] FCA 806 (14 July 1998).

http://www.austlii.edu.au/au/cases/cth/FCA/1998/806.html

Flower & Hart (a firm of lawyers) was ordered to pay the legal costs of White Industries (Qld) Pty Ltd who had been sued by Flower & Hart’s client, Caboolture Park Shopping Centre Pty Ltd (in liquidation).

Proceedings alleging misleading and deceptive conduct, fraud and negligence had been brought by Caboolture Park for the ulterior purpose of delaying payment of monies due under a building contract. The solicitor for Caboolture Park, Michael Meadows, held the view that the proceedings did not have any prospects or any substantial prospects of success but nevertheless advised his client to proceed in order to secure a bargaining position against White Industries.

Goldberg held that:

  • the proceedings were not brought for a legitimate purpose of vindicating a right but rather, they had no prospects of success and were brought to postpone or delay the ultimate determination of the legitimate claim of White Industries.
  • it was unreasonable to make the allegations in circumstances where there was no factual basis and no consideration was given as to whether or not there was a factual basis.
  • it was unreasonable for the solicitors to initiate and continue the proceedings as they amounted to an abuse of process and oppressive conduct.
  • it was unreasonable for the solicitor to shelter behind the advice of counsel, Ian Callinan QC.

As the impetus came from the solicitor, his Honour ordered that they pay the legal costs of White Industries, on an indemnity basis.

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Sydney, Australia

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Practice and Procedure

Rippon v Chilcotin [2001] NSWCA 142 | 13 July 2001

ON 13 JULY 2001, the NSW Court of Appeal delivered Rippon v Chilcotin [2001] NSWCA 142 (13 July 2001).

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2001/142.html

The Court of Appeal allowed an appeal by a firm of accountants against the NSW District Court’s decision to refuse to stay and dismiss proceedings brought by a purchaser of a business who had been unsuccessful in earlier proceedings against the vendor.

The Court of Appeal set aside the District Court’s decision and dismissed the purchaser’s proceedings on the grounds that they were an abuse of process.

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Sydney, Australia

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Contract, Mortgage, Property Law

St George Bank – A Division of Westpac Banking Corporation v Diakakis [2014] NSWSC 928

ON 11 JULY 2014, the Supreme Court of NSW delivered St George Bank – A Division of Westpac Banking Corporation v Diakakis [2014] NSWSC 928.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172646

The court granted St George Bank an order for possession of a home unit at Unit 2, 259-261 Maroubra Road, Maroubra as the defendant was unable to demonstrate any unfairness or unjustness.

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Sydney, Australia

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