Civil & Commercial Cases

Date Name of matter Citation/Court Detail
08/05/09 Sartori v BM2008 Pty Ltd (ACN 005 762 685) [2009] FCA 467 Dispute over purported share issue. Whether share issue invalid, oppressive or unfairly prejudicial. Whether proceeding should be transferred from Western Australia to Victoria.
24/03/09 Perpetual Trustees WA Ltd v Macfarlane [2009] WASC 61 Will dispute. Gift by testator of interest in group of shops to his daughters in equal shares. Ultimate devolution of share of childless daughter.
18/03/09 Jubilee Mines NL v Riley [2009] WASCA 62 Claim by former shareholder for loss on shares sold at undervalue. Continuous disclosure obligations of public listed company. Information required to be disclosed
16/01/09 DP World Australia Ltd v Fremantle Port Authority [2009] WASCA 16 Damage to FPA's ship unloader in storm. Negligence. Indemnity contract. Previous claim by injured worker. Issue estoppel. Res judicata. Anshun estoppel. Appeal from decision [2007] WADC 202 dismissing application by DP World for defendant's summary judgment
19/12/08 Secure Parking Pty Ltd v Wilson and Nullagine Pty Ltd

[2008] WASCA 268

(2008) 38 WAR 350

Sale of car park business to proposed assignee of lease. Lease not assigned.  Vendor / lessee failed to renew lease for purchaser’s benefit.  Implied term. Duty of parties to cooperate
24/10/08 Carpenter v Hinkley [2008] WADC 161 Damage to farm land caused by overheated failed bearing of crop harvester. Negligence. Breach of duty of care for failure to have bearings inspected by mechanic before harvesting season
13/10/08 Phosphate Resources Ltd v Minister for the Environment, Heritage & The Arts

[2008] FCA 1521

(2008) 251 ALR 80

Judicial review of decision by Minister refusing permission for further mining of phosphate on Christmas Island. Decision of the MInister set aside. Minister failed to take into account Environmental Impact Statement and failed to apply correct statutory test under the Environment Protection and Biodiversity Conservation Act 1999 (Cth)
16/07/08 Construction Forestry Mining and Engineering Union v Kavanagh [2008] WASC 146 Confidential information. Industrial union's membership list. Claim for injunction to prevent use of membership list by former employee. Former employee a candidate for office in union executive..
27/06/2008 Mayne v Twinbrook Corporation Pty Ltd [2008] WASCA 131 Contract for sale of land and hotel. Whether contract void for illegality, uncertainty or non-fulfilment of condition.
19/03/2008 Phosphate Resources Ltd v Minister for the Environment, Heritage & The Arts [2008] FCA 385 Judicial review of decision by Minister refusing permission for further mining of phosphate on Christmas Island. Application for further reasons or discovery.
30/03/2007 Leblanc Communications Australia Pty Ltd v Fero Industries Pty Ltd [2007] WADC 57 Contract to paint and coat structural steel works. Alleged defective work. Misleading conduct. Breach of contract. Documents referred to in pleadings.
02/11/2007 Fremantle Port Authority v DP World Australia Ltd [2007] WADC 202 Damage to FPA's ship unloader in storm. Negligence. Indemnity contract. Previous claim by injured worker. Issue estoppel. Res judicata. Anshun estoppel.
20/12/2006 Twinbrook Corporation Pty Ltd v Mayne [2006] WASC 293 Contract for sale of land and hotel. Liquor licence. Development application. Whether contract void for illegality, uncertainty, or non-fulfilment of condition.
060/9/2006 Riley v Jubilee Mines NL [2006] WASC 199 Claim by former shareholder for loss on shares sold at undervalue. Failure by listed company to disclose to ASX information likely to affect share price
23/05/2006 Snelgar v Westralia Airports Corporation  [2006] WASCA 83 Contract to indemnify against injury.  Concession for trolleys at airport.
11/03/2005 Inquest into deaths of Judith Ward and Lorraine Melia

Coroner's Court

 

 Inquest into deaths caused by Tenterden Bush Fire in December 2003. Fire caused by clashing of Western Power overhead power lines. 7 to 16 Dec 2004, 24 Jan to 3 Feb 2005
22/12/2004 Mostert v Durban Roodeport Deep Ltd [2004] WASCA 309 Mareva injunction. Special leave to appeal to High Court refused http://www.austlii.edu.au/au/other/HCATrans/2005/892.html
15/12/2004 Young v National Australia Bank Ltd [2004] WASCA 298 (2004) WAR 505 Pleadings. Claim against guarantor.  Equitable set-off of principal debtor
11/06/2004 Re Woods; Braysich v ASIC [2004] WASCA 120 Return of order nisi for Writ of Prohibition. Share trading offences under Corporations Act. Jurisdiction of Western Australian Courts in Federal criminal matter.
27/05/2004 Summit Chemicals Pty Ltd v Vetrotex Espana SA [2004] WASCA 109 Product liability. Amendment of statement of claim against third party overseas manufacturer.
23/12/2003 Eliezer v Total Marine Services Pty Ltd Equal Opportunity Tribunal WA Alleged hearing impairment discrimination and victimisation. Oil rig radio operator.
04/12/2003 Aqua Technics (WA) Pty Ltd v Summit Chemicals Pty Ltd [2003] WASC 242 Product liability. Severing third party claim.
30/10/2003 Mostert v Durban Roodepoort Deep [2003] WASC 219 Confidentiality agreement. Injunction.
10/10/2003 Shire of Brookton v Water Corporation & Ors [2003] WASCA 240 Occupier’s liability. Escape of fire. Bushfire.
19/09/2003 Aqua Technics (WA) Pty Ltd v Summit Chemicals Pty Ltd [2003] WASC 182 Product liability. Application to amend third party statement of claim against overseas manufacturer.
19/09/2003 Glendalough Holdings Pty Ltd v Summit Chemicals Pty Ltd [2003] WASC 183 Product liability claim. Application by overseas manufacturer to set aside order granting leave to issue third party notice outside Western Australia.
31/07/2003 Ex parte Braysich [2003] WASC 143 Order nisi for Writ of Prohibition. Share trading offences under Corporations Act. Jurisdiction of Court of Petty Sessions.
11/07/2003 Snelgar v Westralia Airports Corporation [2003] WADC 151 Occupiers’ liability. Contractual indemnity. Public liability. Work accident.
16/06/2003 Mermaid Marine v Tamboritha Consultants Commercial Arbitration Charterparty. Alleged indemnity for loss of ROV.
04/12/2002 Brechin and ors v Shire of Brookton [2002] WASC 296 Bush fire. Local authority. Negligence. Nuisance. Trial costs.
25/09/2002 Brechin and ors v v Shire of Brookton [2002] WASC 228 Bush fire. Local authority. Negligence. Nuisance.
26/06/2002 Byrne v Twaddle & Ors WA Industrial Relations Commission Employment law. Unfair dismissal.
14/09/2001 Brymac v Hall & Mladin Pty Ltd [2001] WADC 217 Dispute between employers and their insurers. Recovery of injury compensation.
04/09/2001 Afkos Industries v UDR Equipment Commercial arbitration Manufacturing agreement. Drill rods
03/05/2001 Aqua Technics (WA) v Summit Chemicals [2001] WASC 110 Product liability claim. Application to join defendants.
30/03/2001 Afkos Industries v UDR Equipment Commercial arbitration Manufacturing agreement. Drill rods
13/03/2000 Afkos Industries v UDR Equipment [2000] WASC 57
(2000) 22 WAR 221		 Leave to appeal. Appeal from decision of arbitrator. Manufacturing agreement. Drill rods
21/02/2000 Davey v Ron Farris Real Estate Pty Ltd [2000] WASCA 58 Real estate agent. Breach of contract. Fiduciary duty. Action struck out as abuse of process
19/11/1999 Afkos Industries v UDR Equipment Commercial Arbitration Manufacturing agreement. Drill rods
29/10/1999 Davey v Ron Farris Real Estate Pty Ltd [1999] WASC 207 Real estate agent. Breach of contract. Fiduciary duty. Action struck out as abuse of process
28/09/1999 Water Corporation & Ors v Shire of Brookton WA Full Court Bush fire. Damage to farms. Leave to appeal. Procedure.
05/05/1999 Water Corporation & Ors v Shire of Brookton [1999] WASC 3 Bush fire. Negligence. Nuisance. Breach of statutory duty. Damage to farms
04/03/1999 Brambles v WMC Engineering Services WA Full Court Transport contract. Incorporation of terms. Bailment.
05/02/1999 Lapelerie v Rogers District Court of WA Breach of contract. Mining equipment & plant. Detinue. Conversion.
09/09/1998 Commissioner, Public Service Commission v Civil Service Association Supreme Court of WA Industrial Appeals
(1998) 78 WAIG 3630		 Employment law. Enterprise bargaining and awards. Industrial appeal
29/07/1998 Dent v Keep Australia Beautiful Council WA Industrial Relations Comm
[1998] WAIRCom 152		 Employment law. Unfair dismissal. Confidential information. Conflict of interest
23/07/1998 Nicholson v Enerview Pty Ltd Supreme Court of WA Common purpose enterprise. Fiduciary duty. Strike out.
01/07/1998 Monadelphous Engineering Associates Pty Ltd v Agnew Mining Co Pty Ltd District Court of WA Mining labour services contract. Contract indemnity.
17/06/1997 Micromine Pty Ltd v Trinton Group Pty Ltd Supreme Court of WA Intellectual property. Computer software. Injunction
28/05/1997 Anthony & Sons Pty Ltd v Basilan Lines Inc Supreme Court of WA Contract. Injunction. Construction of ferry.
12/09/1996 Golden West Refining v Daly Laboratories Federal Court of Australia Full Court
(1996) ATPR (Digest) 46-160		 Product liability. Gold refining equipment. Contaminated acid
24/06/1996 Ossmun Pty Ltd v Woodward Holdings Pty Ltd District Court of WA Commercial tenancy. Rent review.
04/12/1995 Fuller v CDC Graphics Pty Ltd District Court of WA Employment law. Employment contract
22/06/1995 Hampton Areas Australia Ltd v Boral Resources WA Ltd Supreme Court of WA Arbitration agreement. Mining.
05/01/1995 Golden West Refining v Daly Laboratories Federal Court
[1995] ATPR 41-378		 Product liability. Gold manufacturing equipment. Contaminated acid.
12/08/1994 Myer Stores Ltd v Australian Mutual Provident Society District Court of WA
(1995) 11 SR(WA) 216		 Lease.
24/03/1994 Sellars v Adelaide Petroleum NL High Court of Australia
(1994) 179 CLR 332		 Trade Practices. Loss of chance. Damages.
16/06/1993 Metaxas v Public Service Commissioner WA Industrial Relations Commission - Public Service Appeal Board Employment law. Senior public servant.
28/04/1993 Subiaco Home Base Management Pty Ltd v Baryo Investments Pty Ltd Supreme Court of WA Injunction.
14/01/1993 Tymor Pty Ltd v Executor Holdings Pty Ltd Supreme Court of WA Full Court Security for costs.
19/10/1992 Royal Commission into Activities of Government & other matters ("WA Inc") -1992 Teachers Credit Society -1993 Swan Building Society Royal Commission Commercial activities of WA Government. Swan Building Society. Teachers Credit Society.
22/02/1992 Perpetual Trustees WA Ltd v Kelly Supreme Court of WA
(1993) 8 WAR 480		 Trustees. Securities.
22/03/1991 Haselhurst v Wright Supreme Court of WA
(1991) 4 ACSR 527		 Injunction. Building society.
12/02/1991 Tsaklidis v Orriell WA Full Court Contract.
15/03/1990 Trotman v Trotman Supreme Court of WA Inheritance Act.
30/11/1987 Cliffs Robe River v Dravo WA Full Court
[1988] WAR 322		 Negligence. Mining plant. Procedure. Effect of consent orders. Loss of evidence.
12/08/1987 Worsley Timber v Johnson & Lynn - Shire of Mullewa Supreme Court of WA Full Court Real property. Injunction.
28/05/1986 Hulme v Great Eastern Mining Supreme Court of WA Injunction. Mining.
06/02/1986 Devereaux v Deputy Commissioner of Tax Federal Court of Australia
(1986)19 FCR 550		 Administrative law review. Employer’s group tax. Escort agency.
22/11/1985 Monks & Co v Fields District Court of WA Negligence. Poison pasture. Loss of livestock.
14/03/1985 Brakranich v Fisher District Court of WA Contract. Sale of business.
11/11/1982 Cameron v Taylor Supreme Court of WA Defamation. Slander. Rock band. Nightclub.
07/09/1982 Moxham v Martin Supreme Court of WA Testator’s family maintenance.
08/06/1982 Horobin v Yanchep Sun City Pty Ltd WA Industrial Commission
(1982) 62 WAIG 2029		 Employment law. Unfair dismissal.
21/12/1981 Unit Concrete Pty Ltd v Civil & Civic and City Mutual Life Assurance Society Ltd Supreme Court of WA Contract. Building dispute.