Latest decisions of interest

7 December 2019 – 24 December 2019

NSW Court of Appeal

Ireland v WG Riverview Pty Ltd [2019] NSWCA 307       
Trade Practices: misleading or deceptive conduct; damages
The Court of Appeal has allowed an appeal brought by vendors of commercial cattle against a finding that their conduct was misleading or deceptive in advertising that a bull was sired by a particular stud bull, holding that the representation was as to honestly held belief and not as to fact.

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The Council of Trinity Grammar School v Anderson [2019] NSWCA 292
Civil Procedure: stay of proceedings; limitation of actions
The Court of Appeal has granted leave and allowed an appeal against a dismissal of a motion to stay the proceedings brought by Mr Anderson in relation to sexual assaults committed by a teacher that occurred whilst Mr Anderson was a student at the School, holding that a continuation of the proceedings would have been unfairly oppressive and burdensome.

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Director of Public Prosecutions (NSW) v Hamzy [2019] NSWCA 314
Administrative Law: judicial review
The Court of Appeal has set aside orders and remitted the matter back to the District Court in relation to Mr Hamzy’s appeal against criminal proceedings following an incident that occurred at Goulburn Correctional Centre due to the Court exceeding jurisdiction.

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Wood v State of New South Wales [2019] NSWCA 313
Torts: Malicious Prosecution
The Court of Appeal has dismissed an appeal brought by Mr Wood challenging a decision that the State did not act with malice in the initiation and maintenance of the prosecution of Mr Wood for the murder of Ms Byrne, holding that no error was shown in the approach or conclusions of the primary judge.

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Secretary, New South Wales Department of Education v Johnson [2019] NSWCA 321
Worker’s Compensation: entitlement to lump sum compensation
The Court of Appeal has granted leave and dismissed an appeal brought by the NSW Department of Education against the primary judge’s quashing of a decision by the Appeal Panel of the Workers Compensation Commission of NSW in relation to Ms Johnson’s whole person impairment assessment resulting from psychological injury sustained during employment.

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Other Australian intermediate appellate decisions

The Age Company Limited v YZ (a pseudonym) [2019] VSCA 313
Torts: negligence; duty of care
The Victorian Court of Appeal has granted leave and allowed an appeal in part in relation to a claim against The Age relating to Ms Johnson’s development of a psychological condition due to exposure to traumatic events in the course of her work, holding that the newspaper breached its duty of care in certain respects.

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Asia Pacific

Asuma (trading as Andy Asuma Trading) v Tiong Juk Chuong [2019] PGSC 124
Human Rights: enforcement of breaches
The Supreme Court of Papua New Guinea has dismissed an appeal brought by a business claiming that another company requested or authorised the police to conduct an operation targeting their business leading to breaches of human rights, holding that it was not established that the police were the servants or agents of the company.

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Other international

Commissioner of Inland Revenue v Nancy Lois Roberts [2019] NZCA 654
Tax: charitable tax credits
The New Zealand Court of Appeal has dismissed an appeal brought by the Commissioner of Inland Revenue against the High Court’s ruling that forgiveness of debts were monetary gifts for the purpose of claiming charitable tax credits.

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