Cantarella Bros Pty Limited v. Modena Trading Pty Limited
Case No.
S67/2014
Case Information
Lower Court Judgment
30/09/2013 Federal Court of Australia (Mansfield, Jacobson, Gilmour JJ)
Catchwords
Trade marks – Trade Marks Act 1995 (Cth) s 41(3) – Trade marks registered in relation to coffee products – Whether Italian words "oro" and "cinque stelle" inherently adapted to distinguish the goods of the registered owner – Whether likelihood that other traders in relevant goods would wish to make honest use of words for sake of "signification which they ordinarily possess" references ordinary signification as understood by members of public or, alternatively, references ordinary signification as understood by traders – Whether the principle is applied differently to foreign language words that do not have commonly understood meaning in Australia.
Documents
14/03/2014 Hearing (SLA, Sydney)
28/03/2014 Notice of appeal
22/04/2014 Written submissions (Appellant)
22/04/2014 Chronology (Appellant)
13/05/2014 Written submissions (Respondent)
27/05/2014 Reply
05/08/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
03/12/2014 Judgment (Judgment summary)
Brookfield Multiplex Ltd v. Owners Corporation Strata Plan 61288 & Anor
Case No.
S66/2014
Case Information
Lower Court Judgment
25/09/2013 Supreme Court of New South Wales (Court of Appeal) (Basten JA, Macfarlan, JA, Leeming JA)
Catchwords
Torts - Negligence - Pure economic loss - Builder and developer of commercial premises bargained detailed contract in which developer was protected against liability for defective design and construction - Whether developer was concurrently owed duty of care by builder to exercise reasonable care in construction of building to avoid pure economic loss due to latent defects - Whether relationship between builder and developer disclosed vulnerability on part of developer - Whether successor in title was owed duty of care by builder to avoid pure economic loss due to latent defects.
Documents
14/03/2014 Hearing (SLA, Sydney)
28/03/2014 Notice of appeal
28/03/2014 Notice of cross-appeal (Respondent)
28/03/2014 Notice of contention (Respondent)
01/04/2014 Submitting appearance (Second Respondent)
22/04/2014 Written submissions (Appellant)
22/04/2014 Chronology (Appellant)
14/05/2014 Written submissions (First Respondent)
27/05/2014 Reply
18/06/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
08/10/2014 Judgment (Judgment summary)
Minister for Immigration, Multicultural Affairs and Citizenship v. SZRNY & Anor
Case No.
S65/2014
Case Information
Lower Court Judgment
11/09/2013 Federal Court of Australia (Buchanan, Griffith, Mortimer JJ)
Catchwords
Migration – Migration Act 1958 (Cth) ("Act") s 5(9) – First Respondent applied for protection visa which was refused by delegate – First Respondent successfully applied for judicial review – Reconstituted Tribunal affirmed delegate's decision and notified First Respondent – Complementary protection criterion contained in Migration Amendment (Complementary Protection) Act 2011 (Cth) commenced before First Respondent received Tribunal's decision and applied to applications for protection visas that were not "finally determined within s 5(9) of Act – First Respondent's application for judicial review upheld on basis that Tribunal made jurisdictional error by failing to consider complementary protection criterion in s 36(2)(aa) and/or failing to invite First Respondent to appear before the Tribunal pursuant to s 425 – Whether a visa application is "finally determined" when the Tribunal records its decision under s 430(1) of Act or when the Tribunal sends copies of its decision externally or when the review applicant and Secretary have been given notice of decision.
Words and phrases – "finally determined".
Documents
14/03/2014 Hearing (SLA, Sydney)
27/03/2014 Notice of appeal
15/04/2014 Submitting appearance (Second Respondent)
22/04/2014 Written submissions (Appellant)
22/04/2014 Chronology (Appellant)
14/05/2014 Written submissions (First Respondent)
28/05/2014 Reply
13/06/2014 Hearing (Full Court, Canberra) (Audio-visual recording) (Special leave revoked)
Honeysett v. The Queen
Case No.
S57/2014
Case Information
Lower Court Judgment
5/06/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Macfarlan JA, Campbell J, Barr AJ)
Catchwords
Evidence – Opinion evidence – Evidence Act 1995 (NSW) s 79 – Evidence given of comparisons of CCTV images of offender and images of Appellant in which common anatomical features identified – Whether "face mapping" and "body mapping" constitute "specialised knowledge" within meaning of s 79 – Whether s 79 requires expert to disclose assumptions and methodology – Whether s 79 requires methodology to be demonstrated as reliable – Whether witness qualified as an ad hoc expert.
Words and phrases – "specialised knowledge".
Documents
14/03/2014 Hearing (SLA, Sydney)
24/03/2014 Notice of appeal
22/04/2014 Written submissions (Appellant)
22/04/2014 Chronology
13/05/2014 Written submissions (Respondent)
27/05/2014 Reply
12/06/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
13/08/2014 Judgment (Judgment summary)
Maxwell v. Highway Hauliers Pty Ltd (ACN 008 863 214)
Case No.
P12/2014
Case Information
Lower Court Judgment
6/05/2013 Supreme Court of Western Australia (Court of Appeal) (McLure P, Pullin JA, Murphy JA)
Catchwords
Insurance – Insurance Contracts Act 1984 (Cth) s 54 – Insurance contract covered accidental damage to Respondent's trucks and trailers – Claims made by Respondent for damage to vehicles being driven by drivers who had not satisfactorily completed driver test as required by insurance contract – Failure to complete test did not cause or contribute to loss – Whether Respondent's failure to comply with insurance contract constituted inherent restriction or limitation upon the scope of cover provided by Appellant – Whether Appellant obliged to indemnify Respondent by reason of s 54(1) – Whether court below erroneously considered interpretative approach taken in Johnson v Triple C.
Documents
14/03/2014 Hearing (SLA, Canberra v/link to Perth)
27/03/2014 Notice of appeal
22/04/2014 Written submissions (Appellant)
22/04/2014 Chronology (Appellant)
14/05/2014 Written submissions (Respondent)
28/05/2014 Reply
06/08/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
10/09/2014 Judgment (Judgment summary)