Alcan Gove Pty Ltd v. Zabic

Case No.

D5/2015

Case Information

Lower Court Judgment

27/03/2015 Supreme Court of the Northern Territory (Court of Appeal) (Riley CJ, Southwood J, Hiley J)

[2015] NTCA 2

Catchwords

Torts – Negligence – Essentials of action for negligence – Damage – Workers Rehabilitation and Compensation Act 1986 (NT) (“Act”) ss 52, 189(1)- Where respondent was employed by appellant between 1974 – 1977 and regularly removed and replaced insulation products which contained asbestos – Where between November 2013 and January 2014 respondent began to experience chest pains and breathlessness which were found to be symptoms of malignant mesothelioma – Where respondent brought an action for common law damages arising out of appellant?s negligence – Where s 52 of the Act abolished common law damages claims against employers for injuries or diseases arising after 1 January 1987 – Whether, when dealing with an injury or a disease of insidious onset, when has sufficient damage been suffered to give rise to a cause of action – Whether liability for a negligently-inflicted mesothelioma arise at the time the asbestos was inhaled or does it arise when the symptoms become apparent.

Documents*

15/05/2015 Hearing (SLA, Sydney)

27/05/2015 Notice of appeal

19/06/2015 Written submissions (Appellant)

19/06/2015 Chronology (Appellant)

10/07/2015 Written submissions (Respondent)

24/07/2015 Reply

04/08/2015 Hearing (Full Court, Canberra)

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

Smith v. The Queen

Case No.

B18/2015

Case Information

Lower Court Judgment

7/11/2014 Supreme Court of Queensland (Court of Appeal) (Holmes JA, Phillippides and Dalton JJ )

[2014] QCA 277

Catchwords

Jury – Verdicts and findings – Majority verdict – s 59A Jury Act 1995 (Q) - Where the appellant was convicted of one count of rape on a majority verdict – Where the jury had disclosed its voting pattern to the judge before the judge exercised the discretionary power pursuant to s 59A – Where the judge did not disclose the voting pattern to counsel – Whether a trial judge can elect not to disclose a jury communication which discloses the numerical state of its deliberations and still exercise further discretions concerning the jury in the trial.

Short Particulars

Documents

17/04/2015 Hearing (SLA, Canberra)

30/04/2015 Notice of appeal

15/05/2015 Written submissions (Appellant)

15/05/2015 Chronology (Appellant)

29/05/2015 Written submissions (Respondent)

05/06/2015 Reply

12/06/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

Minister for Immigration and Border Protection v. WZARH & Anor

Case No.

S85/2015

Case Information

Lower Court Judgment

20/10/2014 Federal Court of Australia (Flick J, Nicholas J & Gleeson J)

[2014] FCAFC 137

Catchwords

Migration – Refugee and humanitarian visas – Procedural fairness – Where a department officer determined that the respondent was not a refugee – Where the respondent sought a review of this decision – Where the respondent was interviewed by a merits reviewer – Where the merits reviewer told the respondent that they would be the person to determine the application – Where the merits reviewer was unable to conclude the review and the review was concluded by another reviewer – Whether there is a breach of procedural fairness where an alternate reviewer makes a decision based on the documentary materials, submissions and an audio recording of the interview but does not inform the applicant of the change in decision-making, ask for submissions on how to proceed, or allow for an additional face-to-face interview.

Documents

17/04/2015 Hearing (SLA, Sydney)

01/05/2015 Notice of appeal

06/05/2015 Submitting appearance (Second Respondent)

22/05/2015 Written submissions (Appellant)

22/05/2015 Chronology (Appellant)

15/06/2015 Written submissions (First Respondent)

29/06/2015 Reply

10/09/2015 Hearing (Full Court, Canberra)

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

Correy Fuller-Lyons by his tutor Nita Lyons v. State of New South Wales

Case No.

S81/2015

Case Information

Lower Court Judgment

9/12/2014 Supreme Court of New South Wales (Court of Appeal) (McColl JA, Macfarlan JA & Sackville AJA )

[2014] NSWCA 424

Catchwords

Torts - Negligence – Where the appellant was injured after falling from a moving train which was operated by the respondent – Where the trial judge found that the appellant had fallen from the doors of the train as a consequence of the respondent?s negligence – Where the Court of Appeal reversed this finding based on the possibility of other hypothetical occurrences – Whether the Court of Appeal was entitled reject the findings of the trial judge based on these other possibilities.

Short Particulars

Documents

17/04/2015 Hearing (SLA, Sydney)

29/04/2015 Notice of appeal

01/05/2015 Written submissions (Appellant)

01/05/2015 Chronology (Appellant)

15/05/2015 Written submissions (Respondent)

20/05/2015 Reply

18/06/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

Commissioner of Taxation v. Australian Building Systems Pty Ltd 
(In Liquidation)
Commissioner of Taxation v. Ginette Dawn Muller and Joanne Emily Dunn as Liquidators of Australian Building Systems Pty Ltd 
(In Liquidation)

Case Nos.

B19/2015; B20/2015

Case Information

Lower Court Judgment

8/10/2014 Federal Court of Australia (Edmonds J, Collier J, Davies J)

[2014] FCAFC 133

Catchwords

Taxes and duties – Income tax and related legislation – Income Tax Assessment Act 1936 (Cth) ss 6 and 254 – Where administrators were appointed to Australia Building Systems under Pt 5.3A of the Corporations Act 2001 (Cth) – Where it was resolved that Australian Building Systems would be wound up and the respondents in B49/2014 were appointed liquidators – Where the liquidators caused Australian Building Systems to enter into a contract for sale of a property which gave rise to a capital gains tax event pursuant to s 104-10 of the Income Tax Assessment Act 1997 (Cth) – Whether under the 1936 Act a trustee is subject to the requirements and authorisations in s 254 only in relation to income, profits or gains for which they are assessable to tax under Part III Div 6 of the 1936 Act – Whether a trustee is subject to authorisations and requirements in s 254 of the 1936 Act only in relation to income, profits or gains for which they have liability to tax under some other provision of the Act or whether ancillary liabilities are created by s 254 – Whether, following the receipt of money in a representative capacity by a trustee but prior to an assessment for tax, the retention authorisation and requirement in s 254(1)(d) of the 1936 Act requires the trustee to retain out of moneys then in or coming to them in their representative capacity so much as is significant to pay the tax of the income, profits or gains or whether it only authorises and requires a trustee to retain such moneys after an assessment is made for tax on the income, profits or gains.

Documents*

17/04/2015 Hearing (SLA, Canberra v/link to Brisbane)

01/05/2015 Notice of appeal

22/05/2015 Written submissions (Appellant)

22/05/2015 Chronology (Appellant)

19/06/2015 Written submissions (Respondents)

03/07/2015 Reply

08/09/2015 Hearing (Full Court, Canberra)

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

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