Latest decisions of interest

4 March 2019 – 15 March 2019

NSW Court of Appeal

Roads and Maritime Services v United Petroleum Pty Ltd [2019] NSWCA 41
Land: compulsory acquisition; heads of compensation under Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
The Court of Appeal has allowed an appeal brought by Roads and Maritime Services, setting aside an award of compensation made by the Land and Environment Court in favour of United Petroleum Pty Ltd.

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State of New South Wales v Dargin [2019] NSWCA 47
Civil procedure: determination of a separate question; framing of questions; appropriateness of separate question mechanism in the circumstances
The Court of Appeal has allowed an appeal brought from a District Court’s judge’s determination of a separate question, holding that it was inappropriate to answer the question as put.

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Other Australian intermediate appellate decisions

Fahme v Minister for Home Affairs [2019] FCAFC 41
Administrative law: migration; relationship between Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth); jurisdiction of Administrative Appeals Tribunal
The Full Court of the Federal Court has dismissed an appeal brought by an applicant for a medical protection visa, holding that his application for review by the AAT was brought out of time.

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Hanson & Anor v Goomboorian Transport Pty Ltd & Ors [2019] QCA 41
Equity: tracing; life insurance policies; application of principles in Foskett v McKeown [2001] 1 AC 201; [2000] UKHL 29
The Queensland Court of Appeal has allowed an appeal concerning the proceeds of a life insurance policy, holding that the primary judge erred in his construction of the policy, and so erred in how he then traced into the proceeds.

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Asia Pacific

Akitaya & Ors v Obichang [2019] PWSC 8
Public law: freedom of information; Open Government Act 1 PNC §§ 901-908
The Supreme Court of Palau has dismissed an appeal brought by five senators seeking to obtain documents pursuant to the provisions of the Open Government Act.

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Office of the Attorney-General & Ors v Digicel Fiji Limited [2019] FJCA 39
Contracts: government contracts; authority to contract
The Court of Appeal of Fiji has dismissed an appeal brought by three government bodies seeking to deny liability under a contract for telecommunications services.

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Other international

KV (Sri Lanka) (Appellant) v Secretary of State for the Home Department (Respondent) [2019] UKSC 10
Adminstrative law: migration; Istanbul Protocol; role of medical experts in tribunal decision-making
The UK Supreme Court has allowed an appeal brought by an applicant for asylum, holding that the Court of Appeal erred in its treatment of a medical expert’s evidence concerning whether scars on the applicant’s body were consistent with his claims of being tortured.

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Singh v Reddy 2019 BCCA 79
Evidence: inferences from failure to call witness; intentional torts – battery
The Court of Appeal for British Columbia has dismissed an appeal, finding that the primary judge did not err in declining to draw an adverse inference against a plaintiff who chose not to call a witness.

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