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Commercial

Occupier’s liability – scope of duty owed by the owner of commercial premises to an employee of the tenant of the premises – Aldred v Stelcad Pty Ltd [2015] NSWCA 201

Author: Olga Voukidis Judgement Date: 16th July, 2015 Citation: Aldred v Stelcad Pty Ltd [2015] NSWCA 201 Jurisdiction: NSW Court of Appeal [1] In brief Liability for injuries sustained by an entrant onto demised premises will primarily rest with the...

Published by McCabes News
19 July, 2015
Building and Construction

Compelling a Trustee to make Distribution – Saunders v Vautier

Beck v Henley & Anor [2014] NSWCA 201   Background Tami and Ami were residuary beneficiaries of a testamentary trust which owned 50% of the voting shares in a proprietary company. The trust was established to "sell call in collect ...

Published by Andrew Lacey
25 March, 2015
Government and Administrative Law

Small errors lead to large consequences

The Perils of Ambiguity in Bankruptcy Notices The Bankruptcy Act ('the Act') is prescriptive as to the form and content of bankruptcy notices. Courts have often observed that close observance of the rules is necessary in light of the serious...

Published by Andrew Lacey
23 March, 2015
Government and Administrative Law

The High Court is strict yet flexible – statutory time limits for liquidators seeking to commence voidable transactions proceedings

Ability to seek an extension of time Section 588FF(3) of the Corporations Act 2001 (the Act) provides liquidators with a mechanism by which to obtain an extension of time within which proceedings against the recipients of vo...

Published by Andrew Lacey
12 March, 2015
Commercial

Occupier’s Liability Owner liable for mat placed on polished floor – Dillon v Hair [2014] NSWCA 80

Author: Renae Hamilton Judgement Date: 26th March, 2014 Citation: Dillon v Hair [2014] NSWCA 80 Jurisdiction: Court of Appeal[1] In Brief The owner’s knowledge of extraneous conditions will be relevant when determining the scope of the duty of ...

Published by McCabes News
5 April, 2014
Commercial

Occupier’s Liability Slip and fall on driveway – Caruana v Darouti [2014] NSWCA 85

Author: Gemma Abbey Judgement Date: 28th March, 2014 Citation: Caruana v Darouti [2014] NSWCA 85 Jurisdiction: Court of Appeal NSW[1] In Brief The absence of any prior accidents is not determinative in a finding of negligence. As to whether sÊ5B of ...

Published by McCabes News
5 April, 2014
Commercial

Occupier’s Liability – Owner liable for mat placed on polished floor – Dillon v Hair [2014] NSWCA 80

Author: Renae Hamilton Judgement Date: 26th March, 2014 Citation: Dillon v Hair [2014] NSWCA 80 Jurisdiction: Court of Appeal[1] In Brief The owner’s knowledge of extraneous conditions will be relevant when determining the scope of the duty of ...

Published by McCabes News
5 April, 2014
Commercial

Occupier’s Liability – Slip and fall on driveway – Caruana v Darouti [2014] NSWCA 85

Author: Gemma Abbey Judgement Date: 28th March, 2014 Citation: Caruana v Darouti [2014] NSWCA 85 Jurisdiction: Court of Appeal NSW[1] In Brief The absence of any prior accidents is not determinative in a finding of negligence. As to whether s 5B of t...

Published by McCabes News
5 April, 2014
Commercial

Constructing the boundaries of a builder’s duty of care – Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 and Anor [2014] HCATrans 52

Author: Kiley Hodges Judgement Date: 14th March, 2014 Citation: Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 and Anor [2014] HCATrans 52 Jurisdiction: High Court of Australia[1] In Brief The High Court of Australia has granted Broo...

Published by McCabes News
23 March, 2014
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