Hunter and New England Local Health District v. McKenna

Hunter and New England Local Health District v. Simon & Anor

Case No.

S142/2014; S143/2014

Case Information

Lower Court Judgment

23/12/2013 Supreme Court of New South Wales (Court of Appeal) (Beazley P, Macfarlan JA and Garling J)

[2013] NSWCA 476

Catchwords

Tort law - Negligence - Civil Liability Act 2002 (NSW) ("CLA"), ss 5B, 5D(1), 5O(1), 43(1) and 43A - Person detained as mentally ill person under Mental Health Act 1990 (NSW) and discharged next day into care of friend - Person had psychotic episode and killed friend - Family of deceased claimed damages for mental harm due to shock of learning of death - Whether health authorities owe a duty of care to third parties in exercise of statutory powers to detain and discharge mentally ill patients - Whether it is appropriate for health authority's scope of liability to extend to patient's unlawful action in killing the respondents' relative - Whether professional service provided must have conformed to "a practice" that was in existence at time it was provided and must that "practice" be widely accepted by peer professional opinion - Whether a finding of common law negligence can give rise to liability that is "based on a breach of statutory duty" - Whether s 43A of CLA provides a defence to health authority.

Documents*

20/06/2014 Hearing (SLA, Sydney)

03/07/2014 Notice of appeal

25/07/2014 Written submissions (Appellant - S142/2014)

25/07/2014 Chronology (Appellant - S142/2014)

25/07/2014 Written submissions (Appellant - S143/2014)

25/07/2014 Chronology (Appellant - S143/2014)

20/08/2014 Written submissions (Respondent - S142/2014)

20/08/2014 Written submissions (Respondents - S143/2014)

29/08/2014 Reply

*The due dates shown for documents on this page are indicative only.

 

 

Cassegrain v. Gerard Cassegrain & Co Pty Ltd

 

Case No.

 S141/2014

 Case Information

 Lower Court Judgment

 18/12/2013 Supreme Court of New South Wales (Court of Appeal) (Beazley P, Basten JA, Macfarlan JA)

 [2013] NSWCA 453

 Catchwords

 Property law - Indefeasibility of title - Fraud exception - Real Property Act 1900 (NSW), ss 42 and 118 - Appellant's husband (Mr Cassegrain) was director of respondent company and acted fraudulently by utilising credit balance in company loan account to purchase property - Property was transferred from respondent company to Mr Cassegrain and appellant - Mr Cassegrain later transferred his interest in property to appellant for nominal consideration - Whether Mr Cassegrain was appellant's agent in relation to giving instructions for execution of Real Property Act transfers and lodgement of registration of transfers - the appellant's title was defeasible because Mr Cassegrain acted as the appellant's agent - Whether appellant's title was defeasible because Mr Cassegrain and the appellant were joint tenants - Whether because of Mr Cassegrain's conduct, the appellant's interest as sole registered proprietor of land was defeasible pursuant to section 118(1)(d) of Act.

 

Documents*

 20/06/2014 Hearing (SLA, Sydney)

 03/07/2014 Notice of appeal

 25/07/2014 Written submissions (Appellant)

 25/07/2014 Chronology (Appellant)

 15/08/2014 Written submissions (Respondent)

 29/08/2014 Reply

 

*The due dates shown for documents on this page are indicative only. 

Audio-visual recordings of Full Court hearings heard in Canberra

CaseFitzgerald v. The Queen

Date: 19 June 2014

Transcript: Hearing

AV time: 1h 36m

 

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Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

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Audio-visual recordings of Full Court hearings heard in Canberra

CaseBrookfield Multiplex Ltd v. Owners Corporation Strata Plan 61288 & Anor

Date: 18 June 2014

Transcript: Hearing

AV time: 4h 11m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

Audio-visual recordings of Full Court hearings heard in Canberra

CasePollentine & Anor v. Attorney-General for the State of Queensland & Ors

Date: 17 June 2014

Transcript: Hearing

AV time: 4h 07m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

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