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
Fullinfaw v Neil Fletcher Design Pty Ltd [2019] VSC 142 Supreme Court of VictoriaContract - administrative law - plaintiffs were owners - defendant was builder - plaintiffs ended ‘major domestic building contract' with defendant under ‘no fault' provision in s41 Domestic Building Contracts Act 1995 (Vic) - Victorian Civil and Administrative Tribunal rejected plaintiffs' claim for liquidated damages - plaintiffs sought to appeal - whether plaintiffs entitled to deduct liquidated damages for delay from amount payable to builder for work done before end of contract - whether ‘right to liquidated damages had accrued' by building contract's termination date - whether erroneous failure to determine builder's ‘extension of time' claim - whether builder failed to provide evidence in support of claim for extension of time - cap in s41(6) of the Act - whether evidence to support claim of amount for liquidated damages - held: appeal allowed.19/07/2019
Ferrier v WorkCover Queensland [2019] QSC 11 Supreme Court of QueenslandLimitation of actions - work injury - applicant claimed injury in course of employment - limitation period had expired - applicant, pursuant to s31(2) Limitations of Actions Act 1974 (Qld), sought extension of limitation period for action ‘up to and incuding 60 days' from date on which he complies with s295 Workers' Compensation and Rehabilitation Act 2003 (Qld) - ‘material fact of a decisive nature' - ‘means of knowledge' - ‘evidence to establish a right of action' - ‘prejudice' - delay - held: Court satisfied to allow application.19/07/2019
Sargeant v FSS Trustee Corporation [2018] NSWSC 1997 Supreme Court of New South WalesInsurance - total and permanent disablement - separate questions - plaintiff was former police officer discharged on ‘medical grounds' - proceedings concerned plaintiff's claim for ‘total and permanent disability benefits' under life insurance policies- determination of separate questions - whether second defendant insurer breached obligations by failing to make decision on plaintiff's claim before 3 September 2015 - whether, alternatively, insurer breached obligations in failure to make decision on plaintiff's claim before 3 September 2016 - duty of ‘good faith and fair dealing' - delay - held: Court not satisfied of any breach by second defendant - unnecessary to answer further separate questions - proceedings dismissed.12/07/2019
MA & J Tripodi Pty Ltd v Swan Hill Chemicals Pty Ltd [2019] VSCA 46 Court of Appeal of VictoriaDamages - contract - parties entered contract for provision of advice and services in relation to growing of borlotti beans - appeal and cross-appeal arising from appellant's claim, following plantings' failure, against respondent for ‘breach of contract and negligence' - plaintiff sought damages due to inability to sell borlotti beans to Woolworths under alleged supply contract with Woolworths - appellant challenged judge's findings that appellant had not proven claim for loss of opportunity damages and that there would have been a reduction of any loss of opportunity damages for ‘contingencies and contributory negligence' - held: appeal and cross-appeal dismissed.12/07/2019
Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7 Land and Environment Court of New South WalesEnvironment and planning - Planning and Assessment Commission refused to consent to appellant's development application for carrying out of coal project - Commission found proposed coal mine would directly contravene objectives of zones in Gloucester Local Environmental Plan 2010, that mine's ‘residual visual impact' through all stages of Project ‘would be significant', and that Project was not in public interest - appellant appealed - held: Court found Project's ‘negative impacts', including ‘visual, amenity, social and climate change impacts', outweighed Project's ‘public benefits' including ‘economic benefits'- Court concluded Project contrary to public interest - consent to development application refused - appeal dismissed.12/07/2019