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The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.
The Court held that the second defendant engaged in misleading or deceptive conduct by passing on a false invoice and oral representations about a direct JBX supply relationship.
Ezy-Fit Engineering Group Pty Limited v Microm Nominees Pty Limited (No 2) [2024] FCA 1367
The Court determined damages inputs for Ezy-Fit’s lost profits claim and set apportionment at 85% to FAT HACO and 15% to Ron Mack.
Elanor Funds Management Ltd v Alceon Group Pty Ltd [2024] FCAFC 121
The Full Court allowed Elanor’s appeal, finding misleading conduct about tenant arrears in a shopping centre sale and awarding damages against both respondents.
Cattanach v Butler [2023] NSWLEC 1805
The Court found the respondent’s trees caused damage to neighbours’ property and ordered apportioned repair and compensation, with access and timing conditions.
Mt Owen Pty Ltd v Parkes [2023] NSWCA 77
The Court of Appeal upheld Mt Owen’s liability for a workplace injury caused by a labour-hire worker, but allowed the cross-appeal and set aside Titan’s liability.
Rove Estate Pty Ltd atf Lane Cove Estate Trust v Chomp Excavations & Demolition Pty Ltd (No 3) [2023] NSWSC 274
The Court found several defendants trespassed by dumping material on vacant land, rejected claims of consent or implied licence, and awarded damages against some defendants.
Parkes v Mt Owen Pty Ltd & Anor [2022] NSWSC 909
Labor-hire mechanic injured during bulldozer live testing succeeded against both host and general employer. The Court found Mt Owen had pro hac vice control over the negligent worker.
Liu v Chen & Anor (No 1) [2021] NSWDC 125
The court granted leave to amend a statement of claim, finding the amendment sensible and holding that the defendants showed no practical evidentiary prejudice.
Babscay Pty Ltd v Pitcher Partners (a firm) [2019] FCA 480
The Federal Court refused to summarily dismiss Pitcher Partners’ cross-claims against former Slater & Gordon directors, finding the issues of causation and apportionment were too complex for summary disposal.
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