Case Alerts - Page 6 of 15

Case Alerts

Interstate sea carriage outside reach? Federal Court confirms Australian Court’s jurisdiction can be excluded for interstate sea carriage bill of lading disputes

Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co. KG (The BBC Nile) [2022] FCAFC 171 A recent Federal Court of Australia decision has confirmed that it is possible to exclude the jurisdiction of an Australian Court for disputes arising out of bills of lading for interstate carriage. In The BBC Nile, […]

By : joanna li Nov 21, 2022 Comments Off

Case Alerts

High Court grants special leave for appeal of permanently stayed historic child abuse case

GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore The High Court of Australia has today granted special leave for the appellant to appeal the decision in The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78, in which the NSW Court of Appeal […]

By : joanna li Nov 18, 2022 Comments Off

Case Alerts

The expanded scope of building practitioners’ duty of care

Boulus Constructions Pty Ltd v Warrumbungle Shire Council (No 2) [2022] NSWSC 1368 When the Design and Building Practitioners Act 2020 (NSW) (DBP Act) came into effect, section 37 imposed a new duty on building practitioners and persons who carry out construction work to exercise reasonable care to avoid economic loss to building owners, including […]

By : joanna li Nov 7, 2022 Comments Off

Case Alerts

High Court ends casino giant’s creative claim for COVID-19 business interruption losses

In breaking news, the High Court has today dismissed with costs The Star’s application for special leave, putting an end to The Star’s claim against its business interruption insurers. It also rejected similar special leave applications by other insureds in the industry test case known as the Second COVID-19 Business Interruption Test Case or Test […]

By : joanna li Oct 14, 2022 Comments Off

Case Alerts

Recent real estate decisions highlight the importance of internal practices for agencies

Soft Technology JR Limited v Jones Lang Lasalle Limited [2022] NZCA 353 Weber v Hastings District Council [2022] NZHC 1405 The New Zealand courts have recently had their say on two significant aspects of the law relating to real estate agents. The Court of Appeal’s decision in Soft Technology JR Limited v Jones Lang Lasalle […]

By : joanna li Oct 13, 2022 Comments Off

Case Alerts

NSW Supreme Court finds for plaintiff in train platform accident case

Chol v Sydney Trains [2022] NSWSC 1266 The NSW Supreme Court has found for a plaintiff who suffered major injuries after falling between a platform and a train at a Sydney train station. In this matter, the Court accepted that Sydney Trains had a reasonable system of keeping passengers safe. However, it ultimately found Sydney […]

By : joanna li Sep 26, 2022 Comments Off

Case Alerts

NSW Supreme Court orders stay of both primary and cross-claims in historical abuse matter

BRJ v The Corporate Trustees of The Diocese of Grafton [2022] NSWSC 1077 On 2 September 2022, the Supreme Court of New South Wales ordered a stay of both the primary claim and the cross-claim brought by the defendant against the alleged perpetrator in this matter. The judgment is notable as it sets out the […]

By : joanna li Sep 15, 2022 Comments Off

Case Alerts

Cross-examining in the dark – Queensland Supreme Court shines light on prejudice to institutional defendant

Willmot v State of Queensland [2022] QSC 167 On 22 August 2022, the Queensland Supreme Court granted a permanent stay of proceedings involving allegations of sexual and physical abuse dating back to the 1950s and 1960s. This decision highlights the Court’s relevant considerations when granting a permanent stay of proceedings. Cassandra Wills, Emma Bray and […]

By : joanna li Sep 5, 2022 Comments Off

Case Alerts

Cutting out internet intermediaries in multiple defendant defamation claims

Google LLC v Defteros [2022] HCA 27 The High Court’s recent decision in Google LLC v Defteros [2022] HCA 27, combined with the next stage of the Model Defamation Amendment Provisions process, indicate a change in direction away from defamation claims against internet intermediaries. Google LLC succeeded in its appeal to the High Court of […]

By : joanna li Aug 23, 2022 Comments Off

Case Alerts

Cladding decision highlights need for plaintiff’s specific proof

Strata Plan 92450 v JKN Para 1 Pty Ltd & Toplace Pty Ltd [2022] NSWSC The Supreme Court of NSW recently handed down a decision on a damages claim regarding building cladding. The Court found that the plaintiff had failed to demonstrate that cladding was combustible and that an ‘alternative solution’ could not be performed […]

By : joanna li Aug 12, 2022 Comments Off

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