Clark v. Macourt
Case No.
S95/2013
Case Information
Lower Court Judgment
13/12/2012 Supreme Court of New South Wales (Court of Appeal) (Beazley JA, Barrett JA, Tobias AJA)
Catchwords
Civil Procedure – Damages – Assisted reproductive technology practice – Damages for breach of various warranties contained in the Deed relating to donor sperm – Proper categorisation of the contract – Whether the trial judge erred in not concluding that the respondent had fully mitigated her loss – Whether the respondent avoided the loss she otherwise would have sustained by having to replace the non-compliant sperm by charging her patients for the cost of replacement sperm.
Civil Procedure – Costs – Whether the respondent would have been entitled to indemnity costs if the award of damages was upheld in her favour.
Documents
10/05/2013 Hearing (SLA, Sydney)
22/05/2013 Notice of appeal
14/06/2013 Written submissions (Appellant)
14/06/2013 Chronology (Appellant)
05/07/2013 Written submissions (Respondent)
26/07/2013 Reply
13/08/2013 Hearing (Full Court, Canberra)
18/12/2013 Judgment (Judgment summary)
Willmott Growers Group Inc v. Willmott Forests Ltd (Receivers and Managers Appointed) (In Liquidation) in its capacity as manager of the unregistered managed investment schemes listed in Schedule 2 and Ors
Case No.
M53/2013
Case Information
Lower Court Judgment
29/08/2012 Supreme Court of Victoria (Court of Appeal) (Warren CJ, Redlich JA & Sifris AJA)
Catchwords
Corporations law – Liquidation – Liquidator of lessor disclaims lease agreement under s 568(1) of Corporations Act 2001 (Cth) – Whether disclaimer extinguishes leasehold interest – Whether leasehold interest survives termination of the lease agreement.
Documents
10/05/2013 Hearing (SLA, Melbourne)
24/05/2013 Notice of appeal
14/06/2013 Written submissions (Appellant)
14/06/2013 Chronology (Appellant)
05/07/2013 Written submissions (First to Third Respondents)
19/07/2013 Reply
09/08/2013 Hearing (Full Court, Canberra)
04/12/2013 Judgment (Judgment summary)
Wingfoot Australia Partners Pty Ltd and Anor v. Kocak and Ors
Case No.
M52/2013
Case Information
Lower Court Judgment
23/10/2012 Supreme Court of Victoria (Court of Appeal) (Nettle, Osborn JJA, Davies AJA)
Catchwords
Statutes – Whether by virtue of s 68(4) of the Accident Compensation Act 1985 (“ACA”) a court is bound to accept medical panel opinions – Whether function exercised by medical panel under s 68 ACA is quasi-adjudicative/investigative – Appropriate content of right to reasons under s 68(2).
Administrative Law – Judicial review – Certiorari – Error of law on face of record – Whether failure to give adequate reasons constituted an error of law on the face of the record.
Documents
10/05/2013 Hearing (SLA, Melbourne)
23/05/2013 Notice of appeal
14/06/2013 Written submissions (Appellants)
14/06/2013 Chronology (Appellants)
25/06/2013 Written submissions (Second and Third Respondents)
05/07/2013 Written submissions (First Respondent)
19/07/2013 Reply
14/08/2013 Hearing (Full Court, Canberra)
30/10/2013 Judgment (Judgment summary)
Diehm and Anor v. Director of Public Prosecutions (Nauru)
Case No.
B15/2012
Case Information
Lower Court Judgment
29/11/2011 Supreme Court of Nauru (Eames CJ)
Catchwords
Appeal from Supreme Court of Nauru - applicants convicted of rape - whether prosecution failed to call material witnesses and make them available for cross-examination by defence - whether failure to do so resulted in unfair trial and miscarriage of justice.
Documents
15/03/2012 Notice of appeal
05/02/2013 Written submissions (Appellants)
05/02/2013 Chronology (Appellants)
24/06/2013 Written submissions (Respondent)
05/07/2013 Reply
08/08/2013 Hearing (Full Court, Canberra)
30/10/2013 Judgment (Judgment summary)
Construction Forestry Mining & Energy Union v. Mammoet Australia Pty Ltd ACN 075 483 644
Case No.
P26/2013
Case Information
Lower Court Judgment
14/08/2012 Federal Court of Australia (Gilmour J)
Catchwords
Industrial law – Fair Work Act 2009 (Cth) – Whether provision of accommodation constituted payment with the meaning of s 470(1) of the Fair Work Act – Whether the removal of accommodation constituted adverse action.
Words and phrases – “payment”
Documents
12/04/2013 Hearing (SLA, Canberra by V/link to Perth)
23/04/2013 Notice of appeal
17/05/2013 Written submissions (Appellant)
17/05/2013 Chronology (Appellant)
07/06/2013 Written submissions (Respondent)
14/06/2013 Reply
20/06/2013 Hearing (Full Court, Canberra)
14/08/2013 Judgment (Judgment summary)