Case Alerts - Page 7 of 16

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

Articles, Case Alerts

NSW Court of Appeal again grants a stay of historic child abuse civil litigation

The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 The NSW Court of Appeal has overturned a first instance decision and stayed historic child abuse proceedings in circumstances where the alleged perpetrator had died before the allegations were put to him. The case was stayed despite evidence […]

By : Anja Vogel Jun 6, 2022 Comments Off

Articles, Case Alerts

No novel duty owed: Full Federal Court upholds Minister’s appeal in Sharma

The Full Federal Court has unanimously overturned the landmark Sharma decision, which found the Commonwealth Minister for the Environment owed a duty of care to Australian children to avoid risk of personal injury when considering whether to approve a coalmine expansion. While this appeal concerned one Minister’s specific exercise of power under Commonwealth legislation – […]

By : Anja Vogel Mar 22, 2022 Comments Off

Articles, Case Alerts

Flooding definition decision keeps insurer’s position afloat

The Landel decision is the third Queensland instalment in ‘flood definition’ cases, which arise from the unfortunate events of the 2011 Brisbane floods and the more recent 2019 Townsville floods. In this matter, the insured lodged two claims for damage caused by monsoonal rain events and consequent flooding in and around Townsville. One was accepted […]

By : Anja Vogel Nov 5, 2021 Comments Off

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