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.

From To
Advanced search

Top 5 latest case law

TitleCaseHighlightHearing Date
Perry v Pese [2018] ACTSC 205 Supreme Court of the Australian Capital TerritoryDamages - negligence - plaintiff injured in motor vehicle accident when first defendant driver of other vehicle failed to give way at roundabout - plaintiff sued first and second defendants - second defendant was insurer of first defendant - second defendant admitted breach of duty of care - plaintiff sought damages - defendants challenged extent of plaintiff's injuries and ‘translation' of injuries into ‘compensatory loss' - assessment of damages - Civil Law (Wrongs) Act 2002 (ACT) - general damages - past and future medical expenses - past and future domestic assistance - held: plaintiff awarded damages in sum of $157,884.24/08/2018
Masson v State of Queensland [2018] QSC 162 Supreme Court of QueenslandNegligence - medical negligence - deceased suffered catastrophic brain damage in 2002 due to asthma attack - plaintiff died in 2016 - plaintiff was deceased's estate - plaintiff alleged deceased would have avoided injury if ambulance officers administered adrenaline to her - plaintiff contended decision not to administer adrenaline breached Queensland Ambulance Service (QAS) guidelines and QAS's ‘duty of patient care' - whether breach of duty established - s66 Succession Act 1981 (Qld) - s8 Crown Proceedings Act 1980 (Qld) - held: treatment administered to deceased was not below standard of care to be observed by ambulance officers - treatment administered was not contrary to QAS ‘asthma guideline' - breach of duty not established - claim dismissed.24/08/2018
Maggie Sottero Designs LLC v Loner [2018] FCA 1151 Federal Court of AustraliaDefault judgment - trade mark - applicant was company based in United States - respondent operated business from website - applicant, pursuant to rr5.23(2)(c) & 5.23(2)(d) Federal Court Rules 2011 (Cth) sought default judgment in respect of claims for infringement of trade mark, infringement of copyright, contraventions of consumer law and passing off - whether respondent in default - whether establishment of claim on face of statement of claim - whether claim in Court's jurisdiction - held: Court satisfied to grant final injunctions in terms narrower than applicant sought - indemnity costs refused.24/08/2018
Lewis v Woolworths Limited [2018] ACTSC 200 Supreme Court of the Australian Capital TerritoryDamages - negligence - plaintiff injured while working at store which defendant operated - breach of duty admitted - aggravation of ‘back condition' - assessment of damages - causation - general damages - past and future out-of-pocket expenses - past and future loss of earning capacity - Griffiths v Kerkmeyer - uncertainties affecting damages' assessment - held: plaintiff awarded damages in sum of $543,243.24/08/2018
Hine v Macquarie Bank Limited [2018] VSC 411 Supreme Court of VictoriaSummary dismissal - pleadings - plaintiff employed by defendant - plaintiff made claims against defendant including that it repudiated employment contract and breached code of conduct - defendant sought summary dismissal of plaintiff's further amended statement of claim or to strike it out - whether nexus between allegations and breaches ‘clearly pleaded' - whether policies formed part of contract - whether pleadings embarrassing - held: summary dismissal refused except in respect of parts of claim in respect of ‘membership fees term, wrong address claim and computer problems claim' - parts of claim struck out on grounds they were embarrassing - plaintiff granted leave to file second further amended statement of claim.24/08/2018