Latest decisions of interest

26 March – 6 April 2018

NSW Court of Appeal

Bhusal v Catholic Health Care Ltd [2018] NSWCA 56
Administrative law: procedural fairness
The Court of Appeal has found that the State Insurance Regulatory Authority denied procedural fairness to an applicant in relation to her application for review of a workers’ compensation decision.
Chahal Group Pty Ltd v 7-Eleven Stores Pty Ltd [2018] NSWCA 58
Appeals: assessment of credibility by primary judge
The Court of Appeal has held that a primary judge did not err in assessing the evidence of witnesses in the course of determining that a 7-Eleven franchisee had fraudulently operated a ‘cash back’ scheme.

Other Australian intermediate appellate decisions

Reardon v Magistrates’ Court of Victoria [2018] VSCA 76
Statutory interpretation: Competition and Consumer Act 2010 (Cth) s 78
The Victorian Court of Appeal has found that Competition and Consumer Act 2010 (Cth), s 78 did not operate to immunise two CFMEU officials against blackmail charges under the Crimes Act 1958 (Vic).
Comcare v Wuth [2018] FCAFC 13
Workers’ compensation; administrative law: procedural fairness
The Full Court of the Federal Court has determined an appeal and cross-appeal in relation to rulings of the Administrative Appeals Tribunal on a workers’ compensation claim.

Asia Pacific

Panuve v Panuve [2018] TOCA 4; AC 10 of 2017
Succession; land ownership
The Court of Appeal of Tonga has determined that a widow was not entitled to inherit her deceased husband’s town and tax allotments, because she was not a Tongan citizen at the time of her husband’s death.
Kalaisi v Tu’I’onetoa [2018] TOCA 5; AC 12 of 2017
Real property; charitable associations
The Court of Appeal of Tonga has ruled in favour of an incorporated Church in a dispute with a breakaway fellowship over the ownership of parish land and buildings.

Other international

Encino Motorcars, LLC v Navarro, 16-1362
Labour law; statutory interpretation
The United States Supreme Court has determined that service advisors for a motorcar dealer fell within an exception to the overtime pay requirements of the Fair Labor Standards Act.
Kisela v Hughes, 17-467
Constitutional law: fourth amendment, qualified immunity
The United States Supreme Court has held that a police officer was entitled to qualified immunity from civil suit in relation to his use of excessive force in violation of the Fourth Amendment of the Constitution.