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A number of questions were stated for the consideration of the Court pursuant to the Public Trustee Act which enables him to seek the opinion of the Court on certain matters. His Honour found that WorkCover was required to give a response to the applicants noncompliant notice of claim and that on the facts in this case WorkCovers response failed to comply with the requirements of s 278(2) of the. In particular, when considering the impact of the respondents decision to withdraw the caveat, his Honour noted that the fact that a caveat was withdrawn did not mean that it was previously continued without reasonable cause, and that. Concerning the application to strike out the claim and statement of claim under ucpr 171, his Honour relevantly observed that the court should be loathe to interfere by dismissal or the grant of a stay. The respondent differed, contending that act 1 was relevant as part of a course of conduct which caused detriment.
Section 58(3) of the Civil Proceedings Act 2011 provides for the payment of pre-judgment interest at the rate the court considers appropriate. Those lies related to his denial that he had ever been alone with the complainants mothers children nor slept in the same bed as the complainant. 8 This decision was appealed, first to the Industrial Court and then to the Supreme Court where Applegarth J concluded that the inclusion of the words in the alternative rendered the complaint defective and the complaint did. Appeal Status: No Appeal Pending Appeal Period Expired Hadgelias Holdings and Waight v Seirlis 2014 QCA 177 The principle issue before the Court in this appeal was the process of apportioning liability under the Trade Practices Act. Resorting to the natural reading of the section, 1268 his Honour Justice Lyons held that the question of effective control is to be determined at the date of the determination of the application under s 141. At the conclusion of the search, other police attended the scene, arresting both parties. He died without any immediate next of kin but with at least one maternal first cousin living in Japan. Despite the previously settled approach in Queensland since 1987, Queensland Courts must now construe the term dishonestly in s 408C as requiring the prosecution to prove only that what the accused person did was dishonest by the standards of ordinary honest people. 6 Expert evidence estimated that as such, he would have had a range.054.065 per cent blood alcohol concentration at the relevant time. The company had no right which was made less valuable by reason of the transaction regardless of whether or not the directors suffered any loss. Having regard to the relevant imputations and their relative seriousness, the defence will fail if the respondents imputations (a) and (c) would still have some effect on his reputation, notwithstanding the effect of the substantial truth of contextual imputations (a) and (b).
His Honour undertook a close consideration of the legislation in question and concluded that it could not be said that an intention existed in the legislation to exclude a right of appearance in every case. In addition, the Council contended the primary judge erred in making the declarations as the issue for determination was whether the Councils decision was beyond power. However, the certificate certified the date of practical completion as As such, in excess of 28 days passed between that date and the notice under s 67J. Apparent Bias With regards to the issue of apparent bias, his Honour stressed that it is fundamentally important to keep an open mind until a defence is heard. However, Morrison JA and Jackson J did not agree with Gotterson JA on this last point.
The facts of this circumstantial case are clearly set out in the reasons of the Court and, when they are considered, the result is not in the least surprising. Abuse of process Central to the appeal was consideration of the test for abuse of process in a case in which a claim set up by one party to litigation had been denied in previous litigation involving. Inconsistent verdicts In essence the appellant argued there was inconsistency between the verdict of acquittal on count 3 and his convictions on counts 1 and. Ground 4 This ground of appeal was relevant to two paragraphs of the Judge at first instances reasons, wherein he took the view that authorised persons executing the warrant knew that some, but not all, of the information. In these situations it is necessary to keep in mind the distinction identified in Wardley between circumstances of actual loss on the one hand and circumstances where the risk or fact of loss is contingent on the other. His Honour considered that it was important that there not be multiple persons who can assert potentially inconsistent rights on appeal from a decision to accept or reject a proof of debt and that, given Bricknells clear. After due consideration of the evidence of Japanese law, her Honour was satisfied that Japanese Art 959 is not a succession right of the Japanese Treasury. Although there existed a provision in the dcba which provided for a builder who had not complied with the requirements of a cost plus contract to apply to qcat for an award of the cost of providing the contracted. The sole issue for determination in this matter was whether, as a matter of legal principle, the cost of investing the settlement amount ought to be allowed as damages. Her Honour stated that there was nothing in those provisions or the common law that permitted the trial judge to disallow the cross-examination of the complainant about his criminal history where convictions were recorded and the rehabilitation period under the Criminal. The failure to provide the further directions sought prior to acceptance of the verdicts accordingly breached the general rule (referred to in R v JX ) that a trial judge should not take a verdict until any requests from. To the extent that Richstar might be thought to support such a principle, it has not been followed or applied subsequently and it has been criticised academically In my view, there is no general principle of law of that kind.
It also contains a consideration of s 299A, which is a recent amendment to the Youth Justice Act 1992 (YJA). Advocates Immunity The decision below preceded the High Courts judgment in Attwells v Jackson Lalic Lawyers Pty Ltd 2016 HCA. The expression on behalf of was not defined in the Policy and the insurer asserted that it was a term of wide import and that the application of a broad construction was warranted in the present case where. The situation is different where there is a particular distinctive propensity. In doing so, his Honour noted that, given the loose arrangement between the plaintiff company and the directors as to the companys occupation of the land (which involved no legal right of occupation) the sale of Lot 53 had no impact on the companys rights. Further, their Honours concluded that a 50 percent discount based upon the jurys conclusion that two of the six imputations were substantially true was excessive, particularly given that the imputations found to be untrue were apt. Given those evidentiary constraints, ultimately the court concluded that whilst the respondent had indeed suffered a serious injury at work it was not caused, in the required sense, by the breach of duty which was found by the trial judge. That was not the case here. 35 In relation to the practical completion, his Honour noted that the respondents practical completion certificate was dated 10 December 2014. Applying s 33B to the will, the court noted that Mr Dawsons will was in a pre-prepared form in which cl 4 was intended for special gifts and cl 5 for the residue. This matter arose out of a report and recommendations made by the Queensland Competition Authority (the Authority and subsequently accepted by the qcaa Ministers regarding water allocations and irrigation pricing.
The effect of this section was that to ascertain the point in time six months before the critical time, the day of the critical time, should not be included in the count six months backwards in time. The Group was formerly led by the post of National Security Adviser (NSA) which was established in December 2008 by Prime Minister Kevin Rudd and disbanded in 2013 by Prime Minister Tony Abbott with responsibilities transferred back to the. In considering the first part of this issue, the Court addressed the question whether Chapters 3 and 4 of the wcra, so far as they related to this matter, were effectively a complete and elaborate code covering the. Appeal Status: No Appeal Pending Appeal Period Unexpired Tyrrell v Jesbro Enterprise Pty Ltd 2017 QSC 55, This matter concerned the validity of a Notice to Remedy Breach of Covenant (the trade and investment queensland strategy Notice) served pursuant to, and in purported. The event is not simply the result or outcome of the action. There were no witnesses to the incident. In considering the matter, the court observed the principles governing the admission of fresh evidence, as contained in authorities including Gallagher v The Queen (1986) 160 CLR 392; Mickelberg v The Queen (1989) 167 CLR 259; and R v VI 2013 QCA 218.
In essence the advice given did not disclose the totality of the cost of the investments nor trade and investment queensland strategy the level of risk associated with the investments. It followed that the appellants application for interlocutory relief was not precluded, due to its claim of contractual rights which triggered injunctive relief prior to final adjudication. In doing this it rejected the applicants contention that because her impugned conduct occurred within the course of a council meeting the Panel lacked jurisdiction. The second defendant, Go Country Group Pty Ltd (GCG was the owner of the land on which the demountable buildings were located, but it too refused to return the buildings. The Court also commented on whether there is a duty to refer the matter for appropriate investigation where there is tax fraud or tax evasion disclosed on the evidence.
22 That resulted in a miscarriage of justice. Finally, addressing the order sought that the business and affairs of the partnership be wound up, the Court considered that such an order was unnecessary little remained to be done. Conclusion Unpersuaded that the primary judge erred in refusing summary judgment on the appellants Consumer Law claim, the court determined that it trade and investment queensland strategy was not possible to form a conclusion on that matter without fully considering, at the least. 5 She married her former husband in 1999. In the present case, GCG did not adopt the position that, as it was not in possession of the land and, therefore, the buildings, it could not have been liable for detinue. Appeal Status: No Appeal Pending Appeal Period Unexpired Can Barz Pty Ltd v Commissioner of State Revenue 2016 QSC 59, The applicants in this matter sought declaratory relief that garnishee notices under s 50 of the Taxation Administration. There was a chasm between the Japanese Rules of Succession and Pt 3 of the Succession Act 1981. Appeal Status: No Appeal Pending Appeal Period Expired Nichols v Earth Spirit Home Pty Ltd 2015 QCA 219, 6 November 2015 In this matter, the applicant sought leave to appeal against a decision of qcat confirming a decision. I therefore consider that the learned primary Judge was right to conclude that this matter is irrelevant. In order to avoid the diminution of the portfolio a significant sum would need to be borrowed to meet these expenses. In the result, the appeal was allowed, the convictions set aside, and the order that pleas of guilty be entered to the charges on indictment set aside. But his Honour concluded that a notice of claim given in contravention of that section is not invalid and of no effect.
At the point of assessment, the developer may have significant sunk costs that would have been recoverable only from revenue gained by completing the project. The dissenting reasons of Boddice J are most interesting and should be considered as well. It was thus inferred from the circumstances that the Chalmers gave such consent to the diversion of the opportunity to purchase Lot 7, albeit it was emphasised that this was a rare result and particular to the facts. (See A v Ipec Australia Ltd 1973 VR 39 at 43 per Menhennitt J; Robert Bax Associates v Cavenham Pty Ltd 2011 QCA 53 at 16 per White JA; trade and investment queensland strategy Radisich v McDonald (2010) 198 IR 244 at 251). In the case before the Court the post-offence conduct was neutral on the issue of intent or, to put it another way, there remained a reasonable hypothesis consistence with innocence of murder. The letters enclosing the contracts only said words to the effect of We now enclose Contract of Sale and Disclosure Statement for your attention. In light of this delay, and alleging that she was entitled to the proceeds from the sale of the Rosewood property, the respondent, the testators step-daughter, filed this application for an order that the respondent, the testators niece.
1-5 In resisting this application on grounds related to their current impecuniosity, the respondents gave evidence to the effect that though at the time of making the contract they believed they would be in a position to perform their. The issues on appeal were: Ground 1: whether the decision directing that pleas of guilty (as per a ruling made by another judge of the trial division on 10 December 2014, in reliance of s 600(2) of the. The court admitted the outcome may be the same but as that did not plainly appear the case should be returned to the Appeal Tribunal. The particular inference to be drawn has to be identified and precise evidence concerning that issue has to be adduced. From an analysis of the relevant High Court authority, it was apparent that interlocutory or interim declarations cannot be made.
His Honour held that this was not the case. Furthermore, reasons need not ordinarily be given in procedural applications or in applications for leave where the considerations of fact and law are clear. The valuer informed the appellant that he had not told them where it is or anything. But the lies, or the lies taken in combination with the disposal of the body, would not enable the jury to draw an inference of intent to kill or do grievous bodily harm if there were, after consideration. In reaching this decision the Court addressed the applicants contention that even accepting the plaintiffs assertion or prejudice which was, of itself questionable, see trade and investment queensland strategy 3132 it was not occasioned by the alienation of property. The central aspect to the appeal concerned directions the trial judge gave the jury regarding what the prosecution alleged were three categories of post-offence lies told by the appellant. However, on the facts of the matter before the Court it was held that the Parole Board had failed to take into account all of the matters which it was required to consider. The evidence was silent upon this point, and given the potential implications that the date of accrual could have on the application, see 1723 the Court delayed making orders to allow the parties to address this issue. (His Lordship then provided examples) Although such cases are regarded as examples of implied consent, it is more common nowadays to treat them as falling within a general exception embracing all physical contact which is generally acceptable in the ordinary conduct of daily life. She argued that, given her position as a wife providing a surety for a loan to a company controlled by her husband, the respondent had an obligation to explain the nature and effect of the guarantee to her, yet failed to.
Neither witness observed any injuries on the appellant. The trial judge held that the loss sustained by the construction of the road after the road base had been put in place and the subsequent deconstruction of the road was not caused by the defendants negligence but was. The basis of this submission was that the case pursued against it was essentially the same as that brought against the first defendant. Further, Mr Weaver, as a beneficiary of the discretionary trust, did not have a financial interest in the assets of the trust or in the action against the insurer The decision may possibly undermine many exclusion clauses excluding claims. Appeal Status: No Appeal Pending Appeal struck out by Court of Appeal on : see 2014 QCA 54 The Trust Company Limited v Gibson 2012 QSC 183 This probate matter, decided in 2012, is an important Queensland judgment on the doctrine of ademption. His Honour emphasised that allegations of that kind could rarely, if ever, found a defence of unclean hands (at 153). In so doing the court relevantly noted that: Upon the medical evidence, there could be no doubt that the injuries sustained by the deceased as a result of the act amounted to grievous bodily harm. Holmes JA (who dissented) would have allowed the appeal adopting, what her Honour said, was the conventional approach. Of those, rating category 4/2015 (the challenged rating category) was defined as follows: Land used or intended to be used, in whole or in part, for providing intensive accommodation for more than 100 persons but less than. Phone (07), etty Bay (Beachfront south of Innisfail with a rainforest backdrop). In light of this, and the fact that the submission was formulated without regard to any orders that were made in relation to those amendments, 2021, Mullins J declined to make a specific order regarding the costs thrown. In all the circumstances, his Honour concluded that the parole board exceeded its power when it imposed the condition, based on the erroneous view that the applicant would commit an offence if she received profit from a book about her earlier offence.
The rights or liabilities of the Majets were unaffected by the disclaimer except so far as was necessary for release of Mr Brett-Hall and the trustees from liability. It was further argued that the evidence was insufficient to establish that the appellant had actually turned his mind to the impact his return of the bobcat would have on the true owner who was, in all events, unknown to him. In considering s 33B of the Succession Act, his Honour Justice Morrison remarked that its purpose is to avoid multiple administrations where gifts lapse. These cases would suggest that notwithstanding the plaintiff workers formal enforcement rights against all co-defendants, the employers contractual obligation to indemnify the non-employer co-tortfeasor was a form of liability and loss outside the scope of the policy. The MOU also provided for the parties to work in good faith to progress the Gas Supply Agreement. In an amended defence, the respondent contended that the costs claimed were so unreasonable so as to make the monies paid out not a payment on a claim under the insurance scheme. Noting the stumbling block to this argument presented by the views articulated by Brennan CJ in Hill v Van Erp (1997) 188 CLR 159 at 167 (in which he stressed that the solicitors duty to the client. The facts The case against the accused was that he had killed his wife (possibly by smothering her) and had disposed of her body under a road bridge.
Pursuant to s 477 of the Corporations Act 2001 (Cth as liquidators they have the power to bring or defend any legal proceeding in the name and on behalf of the company (emphasis added). His Honour accordingly dismissed this ground of appeal. The original complaint was improperly drafted it alleged separate charges as alternatives and, despite the appellants objections, the presiding Magistrate granted leave to amend the complaint, allowing the excising of the phrase in the alternative. In the courts view, the circumstances in which it is appropriate to analyse the conduct of a party to a relationship in terms of breach of fiduciary duty must necessarily remain limited. In circumstances where the probative effect and reliability of the statement were considered at trial, 73 the witness was not recounting a complicated or prolonged set of events but merely observations over a short period, 75 and lived. Overview After Hart had exhausted his rights of appeal in respect of his conviction certain property which had formerly been acquired by entities associated with Hart were forfeited pursuant to s 92 of poca even though the companies had their own interests in the properties. In Queensland, however, the joinder of more than one charge in the one indictment against the same person is permissible under s 567 of the Criminal Code, where the charges are founded on a series of offences of the same or similar character.
The applicant contended that the error was to be inferred from the differences trade and investment queensland strategy in the two valuers respective valuations and the extent to which those exceeded the difference between the determined value (4.1 million) and certain of the offers. Definition of Decision under s 26(1). On the facts of the case before him, his Honour concluded that the applicant was not entitled to appear before the Board to try to persuade its members of his case. The central issue was whether the disclaimer had the effect of discharging the company from future compliance with any obligations under the EPO. Further, its application is deemed to be without discretion where death is the result of a crime the rule is applied. The Defendant pleaded relevantly that the agreement to negotiate was uncertain and thereby unenforceable. Appeal Status: No Appeal Pending Appeal Period Expired R v Juckes; Blomeley; Hutchins; Ex parte Attorney General 2017 QCA 33, This was a reference from the Attorney-General under s 668A(1) of the Criminal Code (the Code). Under the Coroners Act, coroners have very extensive investigative powers, 10 in addition to a duty to determine, where possible, details surrounding the suspected death, see. In his reasons for decision, his Honour also identified at some length the nature of contracts of agistment, which may be of different kinds and which may or may not involve the owner parting with possession of the livestock. In addressing this question, the Court considered the language of the provision, looking closely at the use of the term interest and the context in which it arose. Amongst other matters, the court relevantly noted that there was a considerable degree of consistency and particularity of the complainants evidence; 49 it was not only the complainant who offered evidence as to the identity of the assailant; 51 the complainants.
Arising from the period of trade using the additional inventory purchased subsequent to their appointment, the receivers generated an inventory trading profit. However, his Honour found that the appellant had failed to establish that the jurys finding in relation to the no further harm issue should be set aside. Accordingly, his Honour considered the evidence by reference to the matters he was required to have regard to in accordance trade and investment queensland strategy with s 13(4) of the Act. One pre-condition is that the adult beneficiary be sui juris. The allegation of actual bias was also dismissed by the court, as it was unable to identify any bias on her Honours part in conducting the proceedings, despite closely dissecting the transcript 73, 75, 77,. Prior to the commencement of the CPA, claims for damages of this type were determined in accordance with the Lord Campbells Act. Appeal Status: No Appeal Pending Appeal Period Expired Northbuild Construction Sunshine Coast Pty Ltd v Beyfield Pty Ltd 2014 QSC 80 This interesting decision by McMurdo J deals with, in part, that difficult issue in relation to jurisdictional errors. The right to inspect and copy documents was said to arise from the terms of the provisions of the AIA which contemplated incorporated associations which engaged in substantial financial transactions and that such associations would have management committees. However, before the contract became unconditional or could settle, the Chalmers fell out with Ms Rushbrook, deliberately ceased all business involvement with her, forcefully intimated that they expected nothing further from her in relation to Lot 7 and resigned as directors of CPD. That an interest in land is distinguished from an interest in relation to land has previously been discussed and accepted, see CCM Holdings Trust v Chief Commissioner of State Revenue ; Sorrento Medical Service v Dept Main. Appeal Status: No Appeal Pending Appeal Period Expired Costello v Queensland Rail 2014 QSC 83 This case provides an application and analysis of the rights of an individual to damages separate and distinct from their rights under the Workers Compensation. It is true that Mr Kearney had still intended to use the lot for the site of his home.
Given the applicants conduct was misconduct for the purposes of the Act, the Panel had jurisdiction to make a decision. Shortly after arriving at his house, Ms Moore tried to hit him. His Honours conclusion is encapsulated in the following passage at 37: It is difficult to accept as a principle of reasoning that a beneficiarys legal or trade and investment queensland strategy de facto control of the trustee of a discretionary trust alters the character. Alternative Charges in Complaint The Court of Appeal held that given the complainant did not appeal the order of Applegarth J, the Court could not now reconsider his Honours order that the two matters of complaint could not. R v Conde 2015 QCA 63 This recent Court of Appeal decision arose from an appeal against conviction on one count of unlawful stalking with a circumstance of aggravation. Lawfulness of a termination The Queensland courts have consistently adopted the approach in R v Davidson 1969 VR 667 in relation to the conflict between ss 224 and 225 on the one hand and ss 282 or 286 of the Code. Appeal Status: No Appeal Pending Appeal Period Expired King v Wogandt; Re Beutel (deceased) 2014 QSC 175 This matter concerned the power of the Court to rectify or construe a testators valid, but imprecise will. His Honour Justice Peter Lyons wrote the lead judgment, with Justice Douglas concurring as to the orders made and Justice Morrison dissenting. Enforceability if regarded as an employees covenant Analysed in this light, the Court considered that the restraint extended well beyond what was reasonable to protect the interest in question, namely the applicants interest as an employer of the respondent. The court also noted that no attempt had been made to ascertain whether the delay, and therefore costs, for that period was solely the applicants fault or rather, shared by both parties. Having regard to that evidence her Honour accepted that it was more probable than not that the respondents breach of duty was a necessary condition of the applicants injury. It is well established that the purpose of such clauses is to prevent the insured (or persons associated with them) from benefiting from the insureds own wrongdoing.
In support of that argument, the appellant relied on a number of decisions of the Victorian Court of Appeal which concerned a provision of the Juries Act 2000 (Vic) to similar (although not identical) effect. However, the amount of damages awarded by the grossing up process are not, themselves, recoupments which need also to be grossed. Section 205 (which relevantly applied) provided that a claimant may seek damages or the injury only if the insurer gives a notice of assessment. North J (with whom Morrison and Philippides JJA agreed) canvassed the relevant authorities dealing with s 71(1) of the Act and the matters that are justiciable in action for recovery under that section. The specific issue before the court was whether the case was able to proceed as a representative action pursuant to ucpr 75, which provides that a proceeding may be started by or against 1 or more persons who. Concurrently, it considered an appeal against sentence of the Attorney-General who contended that it was manifestly inadequate having regard to the seriousness of penile rape and the appellants position of loco parentis. The plaintiff brought proceedings against the defendant in defamation. Justice Jackson noted that none of these conclusions affect what constitutes property according to the general law and stated that accordingly, Kennon v Spry does not affect the answer to the present question. Ultimately, there was no need for the court to determine the point because the taxpayer had agreed to pay the full amount of the taxation liability such that all that had occurred was that the Commissioner had entered into. She also argued that her need for an Auslan interpreter was inextricably connected to her deafness. Given this, and the fact that s 17(6) of the bcipa permits subsequent claims which include amounts the subject of a previous claim, it was held that the previous adjudications did not make the claim-in-issue an abuse of process.