Geoffrey Hancy - Barrister

Earlier Cases // Dispute Resolution – Civil & Commercial

Date Name Of Matter Citation/Court Details
2014
14/11/2014 Fortescue Metals Group Ltd v Underwriting Members of XL Syndicate 1209 at Lloyds for the 2004 and 2005 Underwriting Years of Account [2014] WASC 422

Interlocutory decision. Mining company client was successful.  Directors and Officers Insurance.  Claim for indemnity for Defence Costs of proceedings brought by Australian and Securities Investments Commission and successfully defended.  Order for trial of liability issues before quantum.

05/11/2014 Sovereign Grange Pty Ltd v Gwynfor Pty Ltd [2014] WADC 147

No appeal. At trial client was not successful.  Tyre seller client. Road transport.  Prime mover and trailers ran off highway and were damaged when steer tyre catastrophically failed after over 170,000 km of use.  Seller of tyre held liable for breach of implied contractual terms of fitness for purpose and merchantable quality.

10/09/2014 Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33

Before High Court client was successful.  On appeal client was successful before Court of Appeal. At trial client was successful. Road transport company client. Heavy haulage vehicle insurance. Insurance Contracts Act (Cth) s54. After contract made insured prime movers were driven by drivers who were not ‘PAQS’ tested, contrary to a term of policy.  Decision of trial judge and Court of Appeal, requiring insurers to indemnify insured, upheld. Insurers’ appeal to the High Court dismissed

02/09/2014 Acebrook Corporation Pty Ltd v McEwan [2014] WASCA 162

On appeal client was successful. At first instance client was not successful.  Farm company client. Workers’ Compensation. Application for review of decision of Director of WorkCover by writ of certiorari. Refusal to extend ‘termination day’.  Worker not able to claim damages.  Calculation of ‘last day of the period of one year after’ the termination day. Appeal allowed and worker’s application dismissed

11/06/2014 Ward v Metlife Insurance Ltd [2014] WASCA 119

On appeal client was not successful, by majority. One appeal judge would have dismissed the appeal in favour of client. At trial client was successful. Life insurer client. Income protection insurance. Former director of accounting firm. Depression. Terms “Occupation”, “Disabled”.

05/05/2014 Yeing v PG & AM Boyle [2014] WADC 54

At trial client was successful. Respondent client was successful on appeal. Property damage from escape of fire.  Negligence.  Prescribed burning/controlled burning of stubble on farm land.  Damage to neighbour’s machinery. Failure to maintain watch for sufficient time and prevent escape of fire.

29/04/2014 Austin v The Electricity Networks Corporation [2014] WASCA 89

On appeal client was successful. At trial client was successful.  Electricity supplier client. Public liability. Trespasser in transformer compound at disused quarry. High voltage electricity.  Electric shock from 22kV (22,000 volt) power lines to transformer. Loss of both legs. Plaintiff/Appellant engaged in criminal conduct. Defence under Offenders (Legal Action) Act 2000 (WA). Plaintiff’s appeal to the Court of Appeal dismissed

03/04/2014 Kelly v Humanis Group Limited [2014] WADC 43

On appeal client was successful. At trial client was successful.  Labour hire company client. Vicarious liablity for conduct of employee.  Driver of haulpak truck injured at iron ore mine. Rear tray of haulpak struck by bucket of loader. Claim for damages against labour hire company who employed the loader driver. No negligence. Transfer of control of employee to mining contractor. Loader driver employee pro hac vice of the mining contractor. Labour hire company not vicariously liable for conduct of its employee

14/01/2014 St John of God Health Care v Austin [2014] WASCA 11

On appeal client was not successful, but by majority decision.  One appeal judge would have allowed the appeal in favour of health care company client. .  At first instance client was not successful.  Workers’ compensation. Worker failed to make election to retain right to claim damage before commencing proceedings for damages

2013
26/09/2013 McEwan v Director of Dispute Resolution [2013] WASC 355

On appeal client was successful. At first instance client was not successful.  Farm company client. Workers’ compensation. Application for writ of certiorari against Director. Failure to extend ‘termination day’ to enable worker to elect to claim damages

05/07/2013 Maxwell v Highway Hauliers [2013] WASCA 115 (S)

Interlocutory decision, client was successful.  Insurers unreasonably failed to accept settlement offer for appeal. Ordered to pay indemnity costs from date when offer ought to have been accepted.

06/05/2013 Maxwell v Highway Hauliers [2013] WASCA 115

Before High Court client was successful.  On appeal client was successful before Court of Appeal. At trial client was successful. Road transport company client. Heavy haulage vehicle insurance. Decision of trial judge, requiring insurers to indemnify insured, upheld. Insurers’ appeal dismissed

27/03/2013 Austin v The Electricity Networks Corporation [No 2] [2013] WADC 41

On appeal client was successful. At trial client was successful.  Electricity supplier client. Public liability. Trespasser in transformer compound at disused quarry. High voltage electricity.  Electric shock from 22kV (22,000 volt) power lines to transformer. Loss of both legs. Engaged in criminal conduct. Defence under Offenders (Legal Action) Act 2000 (WA). Claim dismissed

22/02/2013 Alstom Limited v Liberty Mutual Insurance [2013] FCA 116

At trial client was not successful. Marine insurer client. Marine insurance. Gas turbine transformers damaged during sea voyage. Claim for production of documents in possession of Indian manufacturer relevant to packing. Insured held entitled to indemnity for repair costs

05/02/2013 Thomas Peacock v Abreu [2013] WASCA 19

On appeal client was successful. At first instance client was not successful. Bed manufacturer client. Employer’s liability. Limitation period. Writ issued more than 3 years after cause of action accrued. Whether limitation period under Limitation Act 2005 (WA) applied or was excluded by Workers’ Compensation and Injury Management Act 1981 (WA). Claim held to be statute barred. Action dismissed

2012
14/12/2012 Alinta 2000 Ltd v Petkov [2012] WASCA 258

On application for leave to appeal client was not successful.  At first instance client was not successful.  Gas supplier client. Alleged injury from residential gas explosion. Substitution of new defendant permitted

26/11/2012 Ward v MetLife [2012] WADC 166

On appeal client was not successful, by majority. One appeal judge would have dismissed the appeal in favour of client. At trial client was successful. Life insurer. Income protection insurance. Director of accounting firm. Depression. Held not disabled.

15/11/2012 Secure Parking (WA) Pty Ltd v Wilson [2012] WASCA 230

On appeal client was successful. At first instance client was not successful. Car park company client. Appeal allowed from summary dismissal of actions as abuse of process. Actions alleging breach of fiduciary duty by employee and manager. Earlier successful claim for breach of contract. Anshun estoppel not applicable. Actions remitted to different first instance Judge.

07/11/2012 Daebo Shipping v The Ship ‘Go Star’ [2012] FCAFC 156

On appeal client was successful. At trial client was not successful. Shipping company client. Claim for delivery up of bunkers. Claim for damages for interference with contract (charterparty). Choice of law. Tort in Singapore. Owner liable for interference with contractual relations

12/09/2012 Taylor v Hanseatic Marine [2012] WADC 136

At trial client was successful. Ship building company client. Employer’s liability. Employee working overseas on yacht and injured when travelling on a tender from harbour to the yacht. Whether foreseeable risk of injury. Whether breach of duty. Casual act of negligence. Causation

24/08/2012 Marine & Civil Construction Company v SGS Australia [2012] FCA 907

At trial client was not successful. Marine and civil construction company client. Misleading conduct. Survey of sea fastenings for crane to be towed on ocean going barge. Report that lashings appeared satisfactory, despite factual inadequacy for sea voyage, held not to be misleading

05/06/2012 Londsdale Investments Pty Ltd v OM (Manganese) Ltd [No 3] [2012] WASC 185

At trial client was not successful. Process design engineers client. Design of manganese ore processing plant. Designed for dry free flowing ore. Mined ore was not free flowing. Process design engineers held liable for ‘rectification’ costs.

27/02/2012 Banerjee v Shah [2012] WADC 28

At trial client was not successful. Dentist client. Negligent prosthodontic treatment

21/02/2012 Highway Hauliers v Maxwell [2012] WASC 53

Before High Court client was successful.  On appeal client was successful before Court of Appeal. At trial client was successful. Road transport company client. Heavy haulage vehicle insurance. Operation of prime mover and trailer combinations by drivers who were not ‘PAQS’ tested. Section 54 of the Insurance Contracts Act precluded insurer from denying indemnity. By reason of breach of contract of insurance, insurer liable to pay damages for loss of opportunity to earn profits from replacement vehicle

31/01/2012 Parlin v ChoiceOne Pty Ltd [2012] WASCA 19

On appeal client was successful before Court of Appeal. At trial client was not successful. Labour hire company client. Work accident. Hired driller’s offsider injured from fire on drill rig at mine site. Plaintiff’s claim settled. De facto employer sought contribution from labour hire company as legal employer and concurrent tortfeasor. Ordered to pay 20%

2011
17/11/2011 Van der Velde v Halloran [2011] WASCA 252

On appeal client was successful. Car crash. Failure of trial judge to give adequate reasons for decision. Dispute between medical experts about cause of plaintiff’s ongoing symptoms and disabilities. Trial judge found for the plaintiff but failed to give adequate reasons for, and did not address medical evidence that was against, his finding

31/08/2011 Daebo Shipping v The Ship ‘Go Star’ [2011] FCA 1015

On appeal client was successful. At trial client was not successful. Shipping company client. Claim for delivery up of bunkers. Claim for damages for interference with contract (charterparty). Choice of law. Law of China held applicable

23/06/2011 Divjakoski v Boral Window Systems [2011] WASCA 134

On appeal client was successful. At trial client was successful. Window manufacturer client. Appeal dismissed from trial judgment dismissing claim for damages. Work accident. Hired labourer allegedly injured from fall on wet floor surface

23/04/2011 Thornton v Newcrest Mining Ltd [2011] WASCA 92

On appeal client was not successful. Mining company client. Work accident at mine site. Worker settled claim against employer with entry of consent judgment that was satisfied. Then claimed in new action against occupier of mine site. Worker not precluded from proceeding with second claim.

2010
18/06/2010 Barns v Parlin Pty Ltd [2010] WADC 92

On appeal client was successful. At trial client was not successful. Labour hire company client. Work accident. Hired driller’s offsided injured from fire on drill rig at mine site. Plaintiff’s claim settled. De facto employer sought contribution from labour hire company as legal employer and concurrent tortfeasor

11/06/2010 Alstom Limited v Liberty Mutual Insurance [2010] FCA 588

Interlocutory decision.  Client was successful. Marine insurance. Gas turbine transformers damaged during sea voyage. Claim for production of documents in possession of Indian manufacturer relevant to packing

31/05/2010 Brien v Hamersly Iron Pty Ltd [2010] WADC 79

At trial client was successful. Mining company client. Work accident. Contract geologist. Received workers’ compensation in Victoria. Claimed damages for negligence in Western Australia. Held that worker required to have agreement as to or assessment of degree of permanent disability.

06/05/2010 Divjakoski v Boral Window Systems [2010] WADC 60

On appeal client was successful. At trial client was successful. Window manufacturer client. Work accident. Hired labourer allegedly injured from fall on wet floor surface. No foreseeable risk of injury. No negligence and no incapacity to extent alleged. Finding of significant dishonesty by plaintiff.

26/03/2010 Secure Parking (WA) Pty Ltd v Francis and McPhee [2010] FMCA 191

Interlocutory decision. Client was successful. Lawyer. Claim in negligence against bankrupt solicitor. Leave to commence and continue proceedings in Supreme Court of Western Australia, granted retrospectively (nunc pro tunc) by Federal Magistrates Court

24/03/2010 Le Brun v Joseph, Bested, Kearon and Kalgoorlie Regional Hospital [2010] WASCA 52

On appeal client was successful. At trial client was successful.  Hospital and doctor clients.  Alleged medical malpractice. Headaches. Rupture of undiagnosed cerebral arteriovenous malformation. Failure by doctors and hospital to refer for CT scan or to neurologist or neurosurgeon. Brain damage. Appeal from finding that damage not caused by conduct of defendants

2009
09/12/2009 Ward v Keet [2009] WASC 369

At trial client was not successful. Accountant client. Alleged liability for estate funds misappropriated by fraudulent employee. Whether claim settled at mediation. Essential term for timing of payments by instalments not agreed. Whether misrepresentation induced accountant to enter into settlement agreement

02/12/2009 Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys [2009] WASCA 213

On appeal client was successful. At trial client was not successful.  Road transport company client. Appeal allowed. Cross appeal dismissed. Negligence established. Neither BGC nor its driver entitled to indemnity. Bare indemnity. Reflexive indemnity. Privity of contract. Property Law Act 1969 section 11(2)

03/11/2009 Jasmina Investments Pty Ltd v Vlahos [2009] WASCA 190

On appeal client was successful. Motel operator client. Work accident. Injured knee when kneeling on bar stool and changing light globe. Ladder available but not used. Appeal allowed. Employer was not negligent. No causation

21/10/2009 Drexel London v Gove and others [2009] WASCA 181

On appeal client was successful. Strata company client. Architects, engineers, local government (City), and strata company. Catastrophic apartment residence balcony collapse at New Year’s Eve party. Supporting timber (oregon) not appropriate for exterior use. Thirty five injured partygoers. Strata company and local council not liable. Architects and engineers liable.

Applications to the High Court for special leave to appeal were dismissed on 28 May 2010 [2010] HCA Trans 147

11/09/2009 Auxil Pty Ltd v Terranova [2009] WASCA 163

On appeal client was successful. Real estate agent client. Misrepresentation about value of offer to buy land. Whether unaccepted offers admissible evidence of value

08/05/2009 Sartori v BM2008 Pty Ltd (ACN 005 762 685) [2009] FCA 467

Interlocutory decision.  Client was not successful. Dispute over purported share issue. Whether share issue invalid, oppressive or unfairly prejudicial. Whether proceeding should be transferred from Western Australia to Victoria.

01/04/2009 Phillips v ING Life Limited [2009] FCA 283

An appeal was fully argued but settled before judgment. At trial client was not successful.  Life insurance contract beneficiary client. Life insurance contract. Barrett’s oesophagous. Whether non-disclosure or misrepresentation. Whether waiver of duty of disclosure. Compliance with s.29(4) of Insurance Contracts Act 1984 (Cth).

This decision was the subject of an appeal to the Full Court of the Federal Court (on grounds of misapprehension of medical evidence and erroneous finding as to who was the insured’s personal representative).The appeal was fully argued but the case settled before an appeal judgment was delivered

24/03/2009 Perpetual Trustees WA Ltd v Macfarlane [2009] WASC 61

At trial client was successful.  Beneficiary under will client. Will dispute. Gift by testator of interest in group of shops to his daughters in equal shares. Ultimate devolution of share of childless daughter.

18/03/2009 Jubilee Mines NL v Riley [2009] WASCA 62

On appeal client was not successful. At trial client was successful. Claim by former shareholder client for loss on shares sold at undervalue. Continuous disclosure obligations of public listed company. Information required to be disclosed

10/03/2009 Clambake Pty Ltd v Tipperary Projects Pty Ltd (No.3) [2009] WASC 52

At trial client was successful. Real estate agent client. Leased warehouse. Stored antiques, paintings and curios destroyed by fire. Allegation that premises should have contained activated automatic fire sprinkler system. Alleged negligence or misleading conduct. Action dismissed

16/01/2009 DP World Australia Ltd v Fremantle Port Authority [2009] WASCA 16

On appeal client was successful. At first instance client was successful.  Stevedoring company client. Property damage to port authority’s ship unloader in storm. Negligence. Indemnity contract. Previous claim by injured worker. Issue estoppel. Res judicataAnshun estoppel. Appeal from decision [2007] WADC 202 dismissing application by DP World for defendant’s summary judgment

2008
23/12/2008 Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys [2008] WADC 183

On appeal client was successful. At trial client was not successful.  Road transport company client. Collision on road to mine site between Westina’s prime mover and trailer of approaching BGC road train. Prime mover hired to BGC. BGC driver negligently failed to keep trailer on correct side of road. Indemnity in hire contract. BGC and driver of road train held entitled to benefit of the indemnity

19/12/2008 Secure Parking Pty Ltd v Wilson and Nullagine Pty Ltd [2008] WASCA 268

On appeal client was successful.  Car park company client. 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

24/10/2008 Carpenter v Hinkley [2008] WADC 161

No appeal was instituted. At trial client was not successful.  Farmer client. Escape of fire. 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

13/10/2008 Phosphate Resources Ltd v Minister for the Environment, Heritage & The Arts [2008] FCA 385

At trial client was successful.  Phosphate company client. 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)

28/08/2008 Do v King Edward Memorial & Princess Margaret Hospitals Board [2008] WADC 118

At trial client was successful. Maternity hospital client. Alleged malpractice. Baby born with severe brain damage. Not caused by conduct of hospital or its staff

15/05/2008 A Goninan Ltd v Direct Engineering Services Pty Ltd (No.2) [2008] WASCA 112

On appeal client was successful. Rail maintenance company client. Subrogated claim by insurer. Agreement by contractor to obtain insurance for sub-contractors. Damage by fire to construction works by sub-contractor’s negligence. Insurance of sub-contractors. Application for special leave to appeal to the High Court dismissed [2008] HCATrans 380

14/02/2008 Do v King Edward Memorial & Princess Margaret Hospitals Board [2008] WADC 21

At trial client was successful. Interlocutory decision. Maternity hospital client. Alleged malpractice. Baby born with severe brain damage. Pleading causation. Particulars of causation.

18/01/2008 Clambake Pty Ltd v Owston Nominees No.2 [2007] WASCA 286

At trial client was successful. On interlocutory appeal client was not successful. Real estate agent client. Warehoused antiques, paintings and curios destroyed by fire. Factual foundation of expert evidence.

2007
01/12/2007 Vero Insurance Ltd v Harden-Jones [2007] WADC 210

Client was successful. Interlocutory decision.  Housing indemnity insurance. Whether indemnity by builder re-insurance. Illegality. Application to strike out pleading.

02/11/2007 Fremantle Port Authority v DP World Australia Ltd [2007] WADC 202

On appeal client was successful. At first instance client was successful. Stevedoring company client. Damage to FPA’s ship unloader in storm. Negligence. Indemnity contract. Previous claim by injured worker. Issue estoppel. Res judicataAnshun estoppel.

23/10/2007 Clambake Pty Ltd v Tipperary Projects Pty Ltd (No.2) [2007] WASC 244

At trial client was successful. Interlocutory decision. Real estate agent client. Warehoused antiques, paintings and curios destroyed by fire. Factual foundation of expert evidence.

19/06/2007 Vero Insurance Ltd v Harden-Jones [2007] WADC 98

Client was successful. Interlocutory decision. Housing indemnity insurance. Whether indemnity by builder re-insurance. Illegality. Summary judgment.

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.

2006
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.

06/09/2006 Riley v Jubilee Mines NL [2006] WASC 199

On appeal client was not successful. At trial client was successful.  Claim by former shareholder client 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.

2005
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

2004
22/12/2004 Mostert v Durban Roodeport Deep Ltd [2004] WASCA 309

Mareva injunction. Special leave to appeal to High Court refused https://www.austlii.edu.au/au/other/HCATrans/2005/892.html

15/12/2004 Young v National Australia Bank Ltd [2004] WASCA 298

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.

2003
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 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.

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.

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.

01/07/2003 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.

2002
04/12/2002 Brechin and ors v Shire of Brookton [2002] WASC 296

Escape of fire. Farmland fire. 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

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

Arbitration. Manufacturing contract. Drill rods

03/05/2001 Aqua Technics (WA) v Summit Chemicals [2001] WASC 110

Product liability claim. Application to join defendants.

03/03/2001 Afkos Industries v UDR Equipment Commercial arbitration

Manufacturing agreement. Drill rods

2000
13/03/2000 Afkos Industries v UDR Equipment [2000] WASC 57

Leave to appeal. Arbitration. 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

1999
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.

1998
09/09/1998 Commissioner, Public Service Commission v Civil Service Association Supreme Court of WA Industrial Appeals

Employment law. Enterprise bargaining and awards. Industrial appeal

29/07/1998 Dent v Keep Australia Beautiful Council WA Industrial Relations Comm

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.

07/01/1998 Monadelphous Engineering Associates Pty Ltd v Agnew Mining Co Pty Ltd District Court of WA

Mining labour services contract. Contract indemnity.

1997
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.

1996
12/09/1996 Golden West Refining v Daly Laboratories Federal Court of Australia Full Court

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.

1995
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

Product liability. Gold manufacturing equipment. Contaminated acid.

1994
12/08/1994 Myer Stores Ltd v Australian Mutual Provident Society District Court of WA

Lease

24/03/1994 Sellars v Adelaide Petroleum NL High Court of Australia

Trade Practices. Loss of chance. Damages.

1993
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.

1992
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

Trustees. Securities.

1991
22/03/1991 Haselhurst v Wright Supreme Court of WA

Injunction. Building society.

12/02/1991 Tsaklidis v Orriell WA Full Court

Contract

1990
05/03/1990 Trotman v Trotman Supreme Court of WA

Inheritance Act.

1987
30/11/1987 Cliffs Robe River v Dravo WA Full Court

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.

1986
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

Administrative law review. Employer’s group tax. Escort agency.

1985
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.

1982
11/11/1982 Cameron v Taylor Supreme Court of WA

Defamation. Slander. Rock band. Nightclub.

07/09/1982 Moxham v Martin Testator’s family maintenance.

Supreme Court of WA

08/06/1982 Horobin v Yanchep Sun City Pty Ltd WA Industrial Commission

Employment law. Unfair dismissal.

1981
21/12/1981 Unit Concrete Pty Ltd v Civil & Civic and City Mutual Life Assurance Society Ltd Supreme Court of WA

Contract. Building dispute.

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