Archive for November 2016

Exemplary damages: general principles and criminal penalty

Cheng v Farjudi [2016] NSWCA 316 Principles [49] Because, as her Honour observed, the usual rule is that exemplary damages are not awarded where a person has been subject to a criminal sanction, I have found it appropriate to re-visit the principles governing such an award than might otherwise be necessary, those principles being well established.…

Read More

Communication with the Court

John Holland Rail Pty Ltd v Comcare [2011] FCAFC 34 [12] The rule is that a judge should not receive any communication from anyone concerning a case that the judge is to decide, made with a view to influencing the conduct or outcome of the case. See, for example, Re JRL; Ex parte CJL [1986] HCA 39;  (1986) 161…

Read More

Accident, recklessness and insurance

Matton Developments Pty Ltd v CGU Insurance Limited [2016] QCA 208 Margaret McMurdo P: For the appellant to be deprived of the benefit of the accidental overload clause, the overloading and damage must have been expected (Westco Australia Pty Ltd v Manufacturers Mutual Insurance Ltd (Unreported, Supreme Court of Queensland, Derrington J, D M Campbell and…

Read More

Appeal from District Court on seperate determination of liability

Damjanovic v. Sharpe Hume & Co. (Services) Pty. Ltd, .Damjanofic v. York Agencies Pty. Ltd., Damjanovic v. Rosier & Ors, Damjanovic v. Z. Spehar, Damjanovic v. I. Spehar [2001] NSWCA 130 3   The question of fact which was determined giving rise to the dismissal of the proceedings was essentially whether a signature of the plaintiff on…

Read More

Domestic assistance, need, pets and hobbies

Teuma and Anor v C P and P K Judd Pty Ltd [2007] NSWCA 166 [48] Mr Harben relied on Geaghan v D’Aubert (2002) 36 MVR 542 where Stein JA (with whom Handley JA and Foster AJA agreed) held that Griffiths v Kerkemeyer (1977) 139 CLR 161 services did not include the provision of care to an injured person’s pets or a hobby: see at…

Read More

Costs for self represented litigants

Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 On 27 May 2016 the Court dismissed Ms Bechara’s amended summons seeking leave to appeal from a judgment and orders of Adamson J made on 29 October 2015. Ms Bechara was not present at the hearing of the application. The respondent Mr Bates, a…

Read More