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Citation
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Judgment date
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| November 2019 |
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Appellant failed to prove respondent's mining/blasting caused property damage; appeal dismissed and trial findings upheld.
Property damage – alleged mining/blasting damage – causation and burden of proof; Appellate review of factual findings – limits and exceptions; Baseline structural survey and EIS/regulatory compliance; Egg‑shell‑skull principle – inapplicability where negligence not pleaded; Seismograph evidence and blast distances.
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28 November 2019 |
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Refusal to accept a lawful contractual transfer justified dismissal; redundancy and contractual remainder-pay claims failed.
Employment law – Transfer and disciplinary dismissal; Contractual terms permitting transfer; Unfair, wrongful and unlawful dismissal; Medical examination (s.34) applies to initial appointment not transfers; Redundancy vs transfer; Hearsay and appellate procedure; Enforceability of clause providing payment for remainder of contract where dismissal is for misconduct.
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28 November 2019 |
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28 November 2019 |
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A plaintiff must plead and prove particulars of negligence; res ipsa loquitur cannot shift the burden onto the defendant.
Tort — Negligence; burden of proof in civil cases; res ipsa loquitur; admissibility of evidence from criminal investigations (not outcomes); requirement for pleaded particulars; contributory negligence (failure to insure).
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27 November 2019 |
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Joinder does not obviate the need to amend pleadings or adduce evidence; alleged pension scheme unproven, appeal allowed.
Joinder and representative actions – amendment of pleadings – duty to plead and prove individual claims; pension scheme establishment – need for terms, board resolution and statutory approval; perverse findings – appellate review; improper application of precedent on computation of terminal benefits.
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27 November 2019 |
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Appeal dismissed: procedural non-compliance and unjustified delay did not warrant extension of time to appeal.
Industrial Relations Court – application for leave to file complaint out of time – requirement to show good cause – Section 85(3) and proviso; Supreme Court Rules – Rule 58(2) on grounds of appeal; Section 97 (appeals on points of law/mixed law and fact); discretion to extend time; procedural compliance; duties of counsel.
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19 November 2019 |