ON 19 JUNE 1997, the English High Court delivered McDonald’s Corporation v Steel & Morris [1997] EWHC QB 366.
http://www.bailii.org/ew/cases/EWHC/QB/1997/366.html
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Tag Archives: SYDNEY LAWYERS
Plaintiff S156-2013 v Minister for Immigration and Border Protection [2014] HCA 22
ON 18 JUNE 2014, the High Court of Australia delivered Plaintiff S156-2013 v Minister for Immigration and Border Protection [2014] HCA 22 (18 June 2014).
http://www.austlii.edu.au/au/cases/cth/HCA/2014/22.html
Click to access hca-22-2014-06-18.pdf
The court held that certain provisions of the Commonwealth Migration Act 1958, under which a citizen of the Islamic Republic of Iran was detained and subsequently removed to Manus Island, were constitutionally valid.
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Civil Liability Act 2002 (NSW) | 18 June 2002
ON 18 JUNE 2002, the NSW Civil Liability Act 2002 was enacted.
http://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/
The substantive provisions commenced retrospectively on 20 March 2002. There have been successive amendments, notably those which commenced in December 2002 and 2004 and June 2006.
The Act modifies the Australian common law with respect to civil liability claims in New South Wales, except those set out in s3B.
The Act limits the circumstances in which people may recover damages for civil wrongs and the amount of damages and costs they recover.
The significant features of the Act include:
- Statement of principles for determining negligence.
- Modification of causation test.
- No duty to warn of obvious risk.
- No liability for materialisation of inherent risk.
- No liability for harm suffered from obvious risks of dangerous recreational activities.
- No duty of care for risk warning of dangerous recreational activity.
- Standard of care for professionals.
- Contributory negligence can defeat a claim.
- Fixing damages for economic and non-economic loss, including thresholds, discounts and maximum limits.
- Limiting interest.
- Restrictions for persons in custody.
- Restrictions for mental harm.
- Allocation of proportionate liability for concurrent wrongdoers.
- Limiting liability of public authorities.
- Restricting recovery for intoxicated persons.
- Exclusion of liability for persons acting in self defence, good Samaritans, food donors or volunteers.
- Apologies not to affect liability.
- Limiting damages for birth of a child.
- Exclusion of liability for trespass or nuisance by ordinary use of aircraft.
- Costs restrictions.
The Act does not apply to claims (or parts of claims) regarding:
- Intentional acts with the intent to cause injury or death or sexual assault or other sexual misconduct.
- Dust diseases.
- Tobacco.
- Motor Accidents and public transport accidents.
- Workers, Victims and Sporting Injuries compensation.
Sydney, Australia
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879B, 881-891 South Dowling Street and 54A, 56-60 O’Dea Avenue, Waterloo
ON 17 JUNE 2014, the NSW Land and Environment Court delivered Council of the City of Sydney v Karimbla Properties (No. 24) Pty Ltd [2014] NSWLEC 77.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172226
The court refused to grant an interlocutory injunction brought by the council against the project managers carrying out building work on a large construction site at 879B, 881-891 South Dowling Street and 54A, 56-60 O’Dea Avenue, Waterloo, despite there being no construction certificate for the works.
Justice Craig ruled that, on the evidence before her, the balance of convenience weighed in favour of the project managers. Craig J’s reasons for refusing the injunction included: there would be a detriment to the construction workforce; no prejudice had been demonstrated; the work appears to have been performed in accordance with the Building Code; the council did not seek demolition; further work will be closely supervised; and outstanding conditions for consent are capable of timely resolution.
Sydney, Australia
1300 00 2088
Council of the City of Sydney v Karimbla Properties (No. 24) Pty Ltd [2014] NSWLEC 77
ON 17 JUNE 2014, the NSW Land and Environment Court delivered Council of the City of Sydney v Karimbla Properties (No. 24) Pty Ltd [2014] NSWLEC 77.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172226
The court refused to grant an interlocutory injunction brought by the council against the project managers carrying out building work on a large construction site at 879B, 881-891 South Dowling Street and 54A, 56-60 O’Dea Avenue, Waterloo, despite there being no construction certificate for the works.
Justice Craig ruled that, on the evidence before her, the balance of convenience weighed in favour of the project managers. Craig J’s reasons for granting the injunction included: there would be a detriment to the construction workforce; no prejudice had been demonstrated; the work appears to have been performed in accordance with the Building Code; the council did not seek demolition; further work will be closely supervised; and outstanding conditions for consent are capable of timely resolution.
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53 Kareela Road, Cremorne Point NSW 2090
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.
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Mulcahy v North Sydney Council [2014] NSWLEC 1110
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.
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Pedestrian Council of Australia Limited v North Sydney Council [2014] NSWCATAD
ON 17 JUNE 2014, the NSW Civil and Administrative Tribunal – Administrative and Equal Opportunity Division delivered Pedestrian Council of Australia Limited v North Sydney Council [2014] NSWCATAD 80 (17 June 2014).
http://www.austlii.edu.au/au/cases/nsw/NSWCATAD/2014/80.html
The tribunal set aside a decision of North Sydney Council refusing to release a document sought by the Pedestrian Council under the Government Information (Public Access) Act 2009. The tribunal held that the considerations against release were outweighed by the fact that the document had previously been disclosed.
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Re Wakim [1999] HCA 27 | 17 June 1999
ON 17 JUNE 1999, the High Court of Australia delivered Re Wakim [1999] HCA 27; 198 CLR 511; 163 ALR 270; 73 ALJR 839 (17 June 1999).
http://www.austlii.edu.au/au/cases/cth/HCA/1999/27.html
The High Court held that the provisions of the Corporations Law and cross-vesting legislation that purport to confer State jurisdiction on Federal Courts are constitutionally invalid, although State courts may continue to exercise Federal jurisdiction or each other’s jurisdiction.
The decision led to enactment of the Commonwealth Corporations Act 2001, a Federally administered company law which could also be exercised in State Courts.
Sydney, Australia
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Carson v John Fairfax & Sons Ltd & Slee [1993] HCA 31
ON 16 JUNE 1993, the High Court of Australia delivered Carson v John Fairfax & Sons Ltd & Slee [1993] HCA 31; (1993) 178 CLR 44 (16 June 1993).
The court held that an award of damages for defamation is for three purposes: (1) consolation for personal distress brought on by the publication (2) reparation for harm done to personal and/or professional reputation and (3) vindication of reputation.
http://www.austlii.edu.au/au/cases/cth/HCA/1993/31.html
Sydney, Australia
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