O'Grady v. The Queen
Case No.
S114/2014
Case Information
Lower Court Judgment
18/11/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJatCL, Johnson J, Bellew J)
Catchwords
Criminal law - Criminal Appeal Act 1912 (NSW) ("Act") - Muldrock error established in sentencing - Appellant sought extension of time in which to seek leave to appeal against sentence under s 5(1)(c) of Act - Whether applicant for extension of time must establish that refusal of extension would result in substantial injustice - If so, whether assessment of substantial injustice can be conducted in summary fashion.
Documents
16/05/2014 Hearing (SLA, Sydney)
30/05/2014 Notice of appeal
20/06/2014 Written submissions (Appellant)
20/06/2014 Chronology (Appellant)
11/07/2014 Written submissions (Respondent)
25/07/2014 Reply
07/08/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
09/10/2014 Judgment (Judgment summary)
Kentwell v. The Queen
Case No.
S113/2014
Case Information
Lower Court Judgment
14/11/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJatCL, Johnson J, Bellew J)
Catchwords
Criminal law - Criminal Appeal Act 1912 (NSW) ("Act") - Muldrock error established in sentencing - Appellant sought extension of time in which to seek leave to appeal against sentence under s 5(1)(c) of Act - Whether applicant for extension of time must establish that refusal of extension would result in substantial injustice - If so, whether assessment of substantial injustice can be conducted in summary fashion.
Documents
16/05/2014 Hearing (SLA, Sydney)
30/05/2014 Notice of appeal
20/06/2014 Written submissions (Appellant)
20/06/2014 Chronology (Appellant)
11/07/2014 Written submissions (Respondent)
25/07/2014 Reply
07/08/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
09/10/2014 Judgment (Judgment summary)
Construction, Forestry, Mining and Energy Union v. BHP Coal Pty Ltd
Case No.
B23/2014
Case Information
Lower Court Judgment
13/12/2013 Federal Court of Australia (Dowsett J, Kenny J, Flick J)
Catchwords
Industrial law - Fair Work Act 2009 (Cth) ("Act"), ss 346 and 347 - Employee of respondent joined strikes which were protected industrial action under s 408 of Act - Employee held sign deemed offensive and contrary to respondent's code of conduct - Employee dismissed by respondent - Whether employer can avoid liability under s 346(b) for adverse action taken against another person who has engaged in industrial activity by characterising that activity as being in breach of code of conduct policy - Whether court below bound by decisions in Barclay and General Motors v Bowling.
Documents
16/05/2014 Hearing (SLA, Canberra v/link Brisbane)
30/05/2014 Notice of appeal
20/06/2014 Written submissions (Appellant)
20/06/2014 Chronology (Appellant)
11/07/2014 Written submissions (Respondent)
25/07/2014 Reply
03/09/2014 Hearing (Full Court, Brisbane) (Audio-visual recording)
16/10/2014 Judgment (Judgment summary)
Rhiannon Gray by her tutor Kathleen Anne Gray v. Richards
Case No.
S111/2014
Case Information
Lower Court Judgment
2/12/2013 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, McColl JA, Meagher JA)
Catchwords
Damages - Appellant injured in motor vehicle accident caused by negligence of respondent - Appellant received sum plus fund management expenses to be assessed - Whether fees incurred by disabled plaintiff in management of, and income on, head of damages is compensable head of damage recoverable from negligent tortfeasor - Whether failure to allow fund management fees is inconsistent with principle of restitutio in integrum.
Documents
16/05/2014 Hearing (SLA, Sydney)
28/05/2014 Notice of appeal
18/06/2014 Written submissions (Appellant)
18/06/2014 Chronology (Appellant)
11/07/2014 Written submissions (Respondent)
23/07/2014 Reply
10/09/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
15/10/2014 Judgment (Judgment summary)
14/11/2014 Judgment [No. 2]
Argos Pty Ltd & Ors v. Simon Corbell, Minister for the Environment and Sustainable Development & Ors
Case No.
C3/2014
Case Information
Lower Court Judgment
29/11/2013 Supreme Court of the Australian Capital Territory (Court of Appeal) (Penfold J, Cowdroy J, Nield AJ)
Catchwords
Administrative law - Administrative Decisions (Judicial Review) Act 1989 (Cth) ("Act"), s 5(1) - Application made to review decision of Minister to approve development application - Appellants adduced evidence to effect that approval would cause loss of trade - Whether corporate appellants have standing to bring application - Whether economic interests will suffice to establish that party is "person aggrieved" for purposes of s 5(1) of Act.
Documents
16/05/2014 Hearing (SLA, Canberra)
28/05/2014 Notice of appeal
20/06/2014 Written submissions (Appellants)
20/06/2014 Chronology (Appellants)
11/07/2014 Written submissions (First Respondent)
11/07/2014 Written submissions (Second and Third Respondents)
25/07/2014 Reply
13/10/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
10/12/2014 Judgment (Judgment summary)