Civil & Commercial

DATE DELIVERED	NAME OF MATTER	HEARING	DETAIL
20/12/06	Twinbrook Corporation Pty Ltd v Mayne	Supreme Court [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.
6/9/2006	Riley v Jubilee Mines NL	Supreme Court [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
23/5/06	Snelgar v Westralia Airports Corporation	Court of Appeal [2006] WASCA 83	Contract to indemnify against injury. Concession for trolleys at airport.
11/3/2005	Inquest into deaths of Judith Ward and Lorraine Melia	Coroner's Court 7 to 16 Dec 2004, 24 Jan to 3 Feb 2005	Inquest into deaths caused by Tenterden Bush Fire in December 2003. Fire caused by clashing of Western Power overhead power lines.
22/12/2004	Mostert v Durban Roodeport Deep Ltd	Full Court [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	Full Court [2004] WASCA 298 (2004) WAR 505	Pleadings. Claim against guarantor. Equitable set-off of principal debtor
11/6/2004	Re Woods; Braysich v ASIC	Full Court [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.
27/5/2004	Summit Chemicals Pty Ltd v Vetrotex Espana SA	Full Court [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	Alleged hearing impairment discrimination and victimisation. Oil rig radio operator.
4/12/2003	Aqua Technics (WA) Pty Ltd v Summit Chemicals Pty Ltd	Supreme Court [2003] WASC 242	Product liability. Severing third party claim.
30/10/2003	Mostert v Durban Roodepoort Deep	Supreme Court [2003] WASC 219	Confidentiality agreement. Injunction.
10/10/2003	Shire of Brookton v Water Corporation & Ors	Full Court [2003] WASCA 240	Occupier’s liability. Escape of fire. Bushfire.
19/9/2003	Aqua Technics (WA) Pty Ltd v Summit Chemicals Pty Ltd	Supreme Court [2003] WASC 182	Product liability. Application to amend third party statement of claim against overseas manufacturer.
19/9/2003	Glendalough Holdings Pty Ltd v Summit Chemicals Pty Ltd	Supreme Court [2003] WASC 183	Product liability claim. Application by overseas manufacturer to set aside order granting leave to issue third party notice outside Western Australia.
31/7/2003	Ex parte Braysich	Supreme Court [2003] WASC 143	Order nisi for Writ of Prohibition. Share trading offences under Corporations Act. Jurisdiction of Court of Petty Sessions.
11/7/2003	Snelgar v Westralia Airports Corporation	District Court [2003] WADC 151	Occupiers’ liability. Contractual indemnity. Public liability. Work accident.
16/6/2003	Mermaid Marine v Tamboritha Consultants	Commercial Arbitration	Charterparty. Alleged indemnity for loss of ROV.
4/12/2002	Water Corporation v Shire of Brookton	Supreme Court [2002] WASC 296	Bush fire. Local authority. Negligence. Nuisance. Trial costs.
25/9/2002	Water Corporation v Shire of Brookton	Supreme Court [2002] WASC 228	Bush fire. Local authority. Negligence. Nuisance.
26/6/2002	Byrne v Twaddle & Ors	WA Industrial Relations Commission	Employment law. Unfair dismissal.
14/9/2001	Brymac v Hall & Mladin Pty Ltd	District Court [2001] WADC 217	Dispute between employers and their insurers. Recovery of injury compensation.
4/9/2001	Afkos Industries v UDR Equipment	Commercial arbitration	Manufacturing agreement. Drill rods
3/5/2001	Aqua Technics (WA) v Summit Chemicals	Supreme Court [2001] WASC 110	Product liability claim. Application to join defendants.
30/3/2001	Afkos Industries v UDR Equipment	Commercial arbitration	Manufacturing agreement. Drill rods
13/3/2000	Afkos Industries v UDR Equipment	Supreme Court [2000] WASC 57; (2000) 22 WAR 221	Leave to appeal. Appeal from decision of arbitrator. Manufacturing agreement. Drill rods
21/2/2000	Davey v Ron Farris Real Estate Pty Ltd	WA Full Court [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	Supreme Court [1999] WASC 207	Real estate agent. Breach of contract. Fiduciary duty. Action struck out as abuse of process
28/9/1999	Water Corporation & Ors v Shire of Brookton	Full Court	Bush fire. Damage to farms. Leave to appeal. Procedure.
5/5/1999	Water Corporation & Ors v Shire of Brookton	Supreme Court [1993] WASC 3	Bush fire. Negligence. Nuisance. Breach of statutory duty. Damage to farms
4/3/1999	Brambles v WMC Engineering Services	WA Full Court	Transport contract. Incorporation of terms. Bailment.
5/2/1999	Lapelerie v Rogers	District Court of WA	Breach of contract. Mining equipment & plant. Detinue. Conversion.
9/9/1998	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
29/7/1998	Dent v Keep Australia Beautiful Council	WA Industrial Relations Comm [1998] WAIRCom 152	Employment law. Unfair dismissal. Confidential information. Conflict of interest
23/7/1998	Nicholson v Enerview Pty Ltd	Hearing - Supreme Court of WA	Common purpose enterprise. Fiduciary duty. Strike out.
1/7/1998	Monadelphous Engineering Associates Pty Ltd v Agnew Mining Co Pty Ltd	District Court of WA	Mining labour services contract. Contract indemnity.
17/6/1997	Micromine Pty Ltd v Trinton Group Pty Ltd	Supreme Court of WA	Intellectual property. Computer software. Injunction
28/5/1997	Anthony & Sons Pty Ltd v Basilan Lines Inc	Injunction - Supreme Court of WA	Contract. Injunction. Construction of ferry.
12/9/1996	Golden West Refining v Daly Laboratories	Federal Court of Australia Full Court (1996) ATPR (Digest) 46-160	Product liability. Gold refining equipment. Contaminated acid
24/6/1996	Ossmun Pty Ltd v Woodward Holdings Pty Ltd	District Court of WA	Commercial tenancy. Rent review.
4/12/1995	Fuller v CDC Graphics Pty Ltd	District Court of WA	Employment law. Employment contract
22/6/1995	Hampton Areas Australia Ltd v Boral Resources WA Ltd	Supreme Court of WA	Arbitration agreement. Mining.
5/1/1995	Golden West Refining v Daly Laboratories	Federal Court [1995] ATPR 41-378	Product liability. Gold manufacturing equipment. Contaminated acid.
12/8/1994	Myer Stores Ltd v Australian Mutual Provident Society	District Court of WA (1995) 11 SR(WA) 216	Lease.
24/3/1994	Sellars v Adelaide Petroleum NL	High Court of Australia (1994) 179 CLR 332	Trade Practices. Loss of chance. Damages.
16/6/1993	Metaxas v Public Service Commissioner	WA Industrial Relations Commission - Public Service Appeal Board	Employment law. Senior public servant.
28/4/1993	Subiaco Home Base Management Pty Ltd v Baryo Investments Pty Ltd	Supreme Court of WA	Injunction.
14/1/1993	Tymor Pty Ltd v Executor Holdings Pty Ltd	Appeal - 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.
22/2/1992	Perpetual Trustees WA Ltd v Kelly	Supreme Court of WA (1993) 8 WAR 480	Trustees. Securities.
22/3/1991	Haselhurst v Wright	Supreme Court of WA (1991) 4 ACSR 527	Injunction. Building society.
12/2/1991	Tsaklidis v Orriell	WA Full Court	Contract.
15/3/1990	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.
12/8/1987	Worsley Timber v Johnson & Lynn - Shire of Mullewa	Injunction - Supreme Court of WA Full Court	Real property. Injunction.
28/5/1986	Hulme v Great Eastern Mining	Hearing - Supreme Court of WA	Injunction. Mining.
6/2/1986	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.
14/3/1985	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.
7/9/1982	Moxham v Martin	Supreme Court of WA	Testator’s family maintenance.
8/6/1982	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.