22 Nov 2018
An extension of time was granted and leave to appeal was granted because the stated questions are questions of law of general importance appropriate for determination by the Court of Appeal.
12 Mar 2010
Ellis's unqualified representations about Black's Sydney properties breached s9; because Ellis had a long‑standing reputation with Falkenstein and fully associated himself with the project his representations retained causal potency at the time the loan was advanced and were an effective cause of Red Eagle's loss; Ellis was not a mere conduit; Red Eagle's own carelessness was a contributory operative cause so a 50% apportionment of the principal loss was appropriate under s43.
9 Sept 2004
The Chief Judge erred as a matter of law in refusing to reduce remedies for the employee's substantial contributory misconduct; reinstatement refusal was upheld because the employee failed to produce or seek leave to adduce updated medical evidence and reinstatement was not practicable; the Court of Appeal will determine or receive further argument on the extent of reduction, acknowledging a loss‑of‑chance approach may be appropriate.