Decisions of Note

May 2017

May 30, 2017
Her Honour Judge Campton
Catchwords:
One count of culpable driving causing death; one count of failing to stop after an accident; Small motorcycles; victim struck on pedestrian crossing at shopping centre; young offender

February 2017

February 3, 2017
His Honour Judge O'Neill
Catchwords:
Application by defendant to dismiss plaintiff’s serious injury application – application for summary judgment pursuant to sections 62 and 63 of the Civil Procedure Act 2010

November 2016

November 28, 2016
His Honour Judge Anderson
Catchwords:
Practice and procedure – Application for security of costs – Complex litigation relating to misuse of “trade secrets”
November 25, 2016
His Honour Judge Anderson
Catchwords:
Building Contract – Payment claim under the Building and Construction Industry Security of Payments Act 2002 (Vic)
November 18, 2016
His Honour Judge Anderson
Catchwords:
Contract – Written agreement for the production and supply of alcoholic beverages – Process for the ordering of the product – Whether obligation to supply if procedures not followed

October 2016

October 24, 2016
His Honour The Chief Judge (Judge Kidd)
Catchwords:
1 charge of Riot – Metropolitan Remand Centre Riot June 2015 – early guilty plea – utilitarian benefit - youthful offender – fair prospects of rehabilitation – continuation of first period of imprisonment - role in offending

September 2016

September 21, 2016
His Honour Judge Anderson
Catchwords:
Practice and procedure – Warrant of seizure and sale – Auction by sheriff unsucessful – Application for further auction “without reserve” – Whether order for sale should be made – Order refused
September 21, 2016
His Honour Judge Anderson
Catchwords:
Practice and procedure – Security for costs – Franchisee bringing action against franchisor for failure to disclose a possible or likely change in its system of operaintiff and its sole director/shareholder limiations.

August 2016

August 30, 2016
His Honour Judge Macnamara
Catchwords:
Misleading and deceptive conduct – contract – monies had and received

June 2016

June 22, 2016
Chief Judge Kidd
Catchwords:
Ruling on retrospectivity on the course of conduct charge
June 15, 2016
Her Honour Judge Douglas
Catchwords:

May 2016

May 18, 2016
Judge Chettle
Catchwords:
Taxi Services Commissioner
May 17, 2016
Chief Judge Kidd
Catchwords:
CRIMINAL LAW – Sentence – Not guilty plea on first indictment involving buggery, att. buggery and indecent assault charges, guilty plea to second indictment involving indecent assault charges – Historical sex offending

April 2016

April 29, 2016
Judge Kennedy
Catchwords:
CONTRACT – Claim for outstanding loan payments in respect of franchise arrangement against franchisee/guarantors – Counterclaim for damages for wrongful termination where franchise agreement terminated for non-payment of electricity
April 22, 2016
Judge Anderson
Catchwords:
Practice and procedure – Jurisdiction of the County Court – Claim by a trustee in bankruptcy for declaration that an interest in real property was held on trust by the defendant for the plaintiff and was therefore “divisible property” pursuant to section

March 2016

March 10, 2016
Judge Anderson
Catchwords:
Mortgage – Secured advances for development project – Default – Earlier judgment by consent in the Supreme Court – Later agreement for financier to continue providing loan advances – Whether parties still bound by terms of the mortgage
March 3, 2016
Her Honour Judge Kings
Catchwords:
Impairment of the neck – “serious injury” – plaintiff’s credit – compensable injury arising out of transport accident –– consequences to the plaintiff – primary physical pain – secondary consequence of some psychiatric illness
March 2, 2016
Judge O'Neill
Catchwords:
Serious injury application – mild acquired brain injury – nature and extent of consequences suffered – impairment to memory and concentration – whether consequences “very considerable”

February 2016

February 29, 2016
Judge K.L Bourke
Catchwords:
Damages – transport accident – serious injury – injury to the cervical spine
February 29, 2016
Judge K.L Bourke
Catchwords:
Serious injury – impairment to the lumbar spine – pain and suffering – loss of earning capacity
February 26, 2016
Judge Misso
Catchwords:
Jury trial – two causes of action – duty to take care for the safety of the plaintiff and breach of the Occupational Health and Safety Regulations 2007 – preventability – whether the plaintiff had adduced any evidence of a reasonably practicable
February 25, 2016
Judge Saccardo
Catchwords:
Applications by defendants for summary judgment – doctrine of advocate’s immunity – whether defendants immune from plaintiff’s claim – whether the plaintiff’s case has no real prospect of success
February 25, 2016
Judge K.L Bourke
Catchwords:
Damages – serious injury – impairment of the spine – pain and suffering only
February 25, 2016
Judge O'Neill
Catchwords:
Application to refer medical questions to Medical Panel – previous application on the same grounds – whether an abuse of process
February 25, 2016
Judge K.L Bourke
Catchwords:
Damages – serious injury – impairment to the lumbar spine – pain and suffering only
February 25, 2016
Judge Misso
Catchwords:
Serious injury – injury to the non-dominant left hand – plaintiff in receipt of WorkCover payments while working – serious attack on the credit of the plaintiff – whether the plaintiff suffered the consequences contended for or to the degree contended
February 23, 2016
Judge K.L Bourke
Catchwords:
Serious injury – impairment to the lumbar spine – loss of earning capacity only
February 23, 2016
Judge K.L Bourke
Catchwords:
Damages – serious injury – impairment to the left lower limb – pain and suffering only
February 23, 2016
Judge K.L Bourke
Catchwords:
Damages – serious injury – bilateral upper limbs – pain and suffering – loss of earning capacity
February 19, 2016
Judge McInerney
Catchwords:
Sentence – trafficking commercial quantity of heroin – trafficking heroin – possession of drug of dependence – drug addiction – Operation Isoleucine
February 17, 2016
Chief Judge Kidd
Catchwords:
Sentence – Trafficking commercial quantity of methylamphetamine – firearms offences and others – guilty plea – custodial hardship – advanced age of offender relevant in sentencing
February 17, 2016
Judge Saccardo
Catchwords:
Plaintiff's entitlement to claim damages for non-pecuniary loss – “significant injury” – psychiatric injury – Medical Panel determination – relevant threshold level – threshold as then defined by the Act
February 15, 2016
Chief Judge Kidd
Catchwords:
Sentence
February 11, 2016
Judge O'Neill
Catchwords:
Serious injury application – injury to right shoulder – disentanglement from other physical injuries – pain and suffering consequences only – pre-existing right shoulder condition – whether consequences to the plaintiff “very considerable”
February 9, 2016
Judge Misso
Catchwords:
Serious injury – injury to the right shoulder – consequences – what the plaintiff has lost compared to what he has retained
February 9, 2016
Judge Misso
Catchwords:
Serious injury – transport accident – late onset of neuralgia – whether caused by the transport accident – identification of the injury – identification of the body function which was impaired by the injury
February 2, 2016
Judge Saccardo
Catchwords:
February 2, 2016
Chief Judge Kidd
Catchwords:
n/a

January 2016

January 20, 2016
Judge Saccardo
Catchwords:
Serious injury application – injury to the left knee – pain and suffering and pecuniary loss

December 2015

December 21, 2015
Judge Morrish
Catchwords:
The plaintiff was injured when he fell from an elevated walkway – whether the defendant as occupier was negligent – whether the defendant as occupier owed the plaintiff a duty of care, breached the duty it owed to the plaintiff and caused the plaintiff’s
December 18, 2015
Judge Kings
Catchwords:
Serious injury application – injury to the cervical spine and left shoulder – pain and suffering and income earning capacity
December 18, 2015
Judge Parrish
Catchwords:
Serious injury – left arm/neck injury – psychiatric injury – paragraphs (a) and (c) of definition of “serious injury” – seeking leave to bring common law claim for “pain and suffering damages” and “pecuniary loss” – whether there has been and/or continues
December 18, 2015
Judge Parrish
Catchwords:
Serious injury – s93 Transport Accident Act 1986 – paragraph (a), aggravation of neck, back and both shoulders
December 17, 2015
Judge K.L Bourke
Catchwords:
Damages – serious injury – injury to the right upper limb – pain and suffering – credit- loss of earning capacity
December 17, 2015
Judge Smith
Catchwords:
Serious injury – loss of earning capacity consequences of an injury to the hand – whether the plaintiff has established a loss of earning capacity of 40 per cent or more
December 17, 2015
Judge O'Neill
Catchwords:
Serious injury application – injury to various body functions – pre-existing condition – causation – disentanglement – credibility of the applicant – whether consequences “very considerable”
December 16, 2015
Chief Judge Kidd
Catchwords:
Sentence - Recklessly causing a bushfire x 2. Subornation of Perjury
December 16, 2015
Judge Brookes
Catchwords:
Damages – serious injury – spine – causation – nature and extent of injury
December 16, 2015
Judge Saccardo
Catchwords:
Agreement to settle plaintiff’s claim – insurance policy issued by third party to the second defendant – second defendant seeking indemnity for damages and legal costs – analysis of policy and subject clauses
December 16, 2015
Judge Brookes
Catchwords:
Serious injury – injury to the lumbar spine – pain and suffering – identity of injury

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