Case Law

Case Summarises provided by A R Conolly & Company Lawyers in their daily newsletter Benchmark.

As new technologies emerge and work practices evolve, new situations arise and responsibilities shift, with these changes affecting how policies are interpreted and respond. Court cases illustrate these changing conditions, and provide valuable information as to how and why a determination was made. Cases occur every day, with the outcomes underpinning many current trends while throwing others to the wind. To keep abreast of these changes and for interesting reading, visit our Case Law facility regularly to search the library or view the latest cases.

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Top 5 latest case law

TitleCaseHighlightHearing Date
Southern Classic Group Pty Ltd t/as Southern Classic Cars v Arch Underwriting at Lloyd’s Ltd on behalf of Syndicate 2012 [2018] NSWSC 1272 Supreme Court of New South WalesInsurance - plaintiff was motor dealer owned by Mr John Volcanovski, who was its managing director - plaintiff sought indemnity under "Management Liability Insurance" policy issued by defendant concerning claim which Mr Volcanovski's brother made against it - Mr Volcanovski's brother was employed by plaintiff - Mr Volcanovski's brother claimed plaintiff had repudiated employment contract, terminated contract or constructively dismissed him, or failed to pay him remuneration and benefits - reasonableness of settlement at mediation - construction of policy - whether 'loss' for policy's purposes - whether claim excluded by policy - held: plaintiff entitled to indemnity for proportion of settlement sum which represented components of claim which policy responded to - judgment for plaintiff.11/01/2019
Samoiloff v Grandiflora Nurseries Pty Ltd [2018] VSC 765 Supreme Court of VictoriaWorkers compensation - applicant worker claimed compensation under Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (WIRC Act) - Magistrate dismissed claim, finding applicant had not suffered a ‘work injury' - applicant appealed - whether Magistrate erroneously failed to apply legal test in s39(1) WIRC Act - whether Magistrate erroneously made finding that applicant ‘threw her head back when showering' without evidence and in denial of procedural fairness - rule in Browne v Dunn - held: Magistrate's finding that applicant ‘threw her head back when showering' was not supported by evidence - it was unfair of Magistrate to make the finding when it was not raised with applicant at hearing - procedural fairness established - appeal allowed.11/01/2019
Bunney v Ryan [2018] VSCA 326 Court of Appeal of VictoriaJudgments and orders - accident compensation - applicant employed by respondent - applicant sought, pursuant to s134AB Accident Compensation Act 1985 (Vic), to claim for damages arising from injury suffered in accident - judge not satisfied alleged injuries due to accident or caused ‘requisite degree of impairment' - applicant sought extension of time to appeal - whether ‘egregious delay' satisfactorily explained - prejudice - prospects of success - whether in interests of justice to extend time - held: extension of time to appeal refused.11/01/2019
Glenorchy City Council v Wiertek [2018] TASSC 59 Supreme Court of TasmaniaEnvironment and planning - respondent was owner of property - appellant, pursuant to s251(2) Building Act 2016 sought that respondent be required to demolish wall, remove materials, and reinstate site - Magistrate found he had no jurisdiction to make orders sought - Magistrate dismissed application - appellant contended Magistrate had jurisdiction conferred by s251 of the Act - alternatively appellant contended that s12 Magistrates Court (Civil Division) Act 1992 (Magistrates Court (Civil Division) Act) required Magistrate not to dismiss or strike out application until 28 days after advising parties they could seek transfer of application to Court - appellant contended Magistrate had not given the required advice - held: Magistrate correct to concluded he lacked jurisdiction to make orders - there was failure to comply with s12(2) Magistrates Court (Civil Division) Act - appeal allowed - Magistrate's decision quashed.11/01/2019
Anthony v Morton [2018] NSWSC 1884 Supreme Court of New South WalesContract - negligence - estoppel - defendant/cross-claimant was author - plaintiff/cross-defendant was plaintiff's ‘former literary agent' - plaintiff claimed payment of commission on royalties of books even though ‘agency relationship' and ‘publishing agreements' had been terminated - defendant cross-claimed against plaintiff and company with which plaintiff was associated - defendant contended breach of fiduciary duty and breach of contract - defendant also claimed in negligence concerning certain advice plaintiff had given to her - whether plaintiff entitled to ‘ongoing commission' - consideration of agency agreement's terms - whether plaintiff entitled to commission after agency agreement's termination - ‘conventional estoppel' - held: plaintiff's claim dismissed - Court upheld cross-claim in negligence in part - certain claims statute-barred and ‘fraud exception' did not apply - judgment for cross-claimant in sum of $514,558.19.11/01/2019