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Bamco v Contek

Bamco v Contek

Case [2019] VCC 327

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AGLC: Bamco v Contek [2019] VCC 327
Case: [2019] VCC 327
Decision Date: 22 March 2019

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Citations

Bamco v Contek [2019] VCC 327

Most Recent Citation

Bamco v Contek (No 2) [2019] VCC 400

Cases Citing This Decision

Bamco v Contek (No 2) [2019] VCC 400
Citation 1 (Para 1)

…On 22 March 2019 I delivered reasons for judgment in relation to the trial of this matter: Bamco v Contek [2019] VCC 327 (March reasons). This decision as to costs follows on from those reasons, and I refer to the parties by the same names as used in those reasons.…

Cases Cited

Statutory Material Cited

Shire of Wakool v Walters [2005] VSCA 216
Citation 1 (Para 4)

…fall. It is not sufficient for them to establish that if there were negligence that increased the risk of the tree falling: Shire of Wakool v Walters [2005] VSCA 216 at [43 – 52] (Nettle JA, with whom Buchanan JA and Hollingworth AJA agreed). This is particularly so when there are many other likely contributing fa…
FGT Custodians Pty Ltd v Fagenblat [2003] VSCA 33
Citation 2 (Para 22)

…Dixon J noted, at [147], what was said by Ormiston JA in FGT Custodians Pty Ltd (formerly Feingold Partners Pty Ltd) v Fagenblat [2003] VSCA 33, [15] and [17] (Chernov and Eames JJA agreeing) about the Expert Code of Conduct: [A]ll that has been said, particularly in recent years, about the desirability of expert…
Bryan v Maloney [1995] HCA 17
Citation 3 (Para 1)

…of care owed by a building contractor to the owner of property damaged as a result of negligent building work is well established. In Bryan v Maloney (1995) 182 CLR 609 at 632, Brennan J (as his Honour then was) said: The cases dealing with an architect’s or builder's liability in negligence for carelessly designing…
Jones v Dunkel [1959] HCA 8
Citation 4 (Para 15)

…prentices who dug the holes were not called and so there is no direct evidence as to what they did. The plaintiffs say I should draw a Jones v Dunkel (1959) 101 CLR 298 inference against Contek about the apprentices who dug the holes not being called to give evidence by Contek.…
Bartel and Schneider (No. 2) [2012] FamCA 890
Citation 5 (Para 21)

…In Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705, [79] Heydon JA referred to a list of duties and responsibilities of expert witnesses in civil cases, as stated by Cresswell J in National Justice Compania Naviera SA v Prudential Assurance Co Ltd [1993] 2 Lloyd's Rep 68. Heydon JA commented that this list ‘…
Dual Homes Pty Ltd v Moores Legal Pty Ltd [2016] VSC 86
Citation 6 (Para 3)

…not necessary to show that Contek’s failures were the only factors contributing to the tree falling: See Dual Homes Pty Ltd v Moores Legal Pty Ltd (2016) 50 VR 129 at [198].…
Hudspeth v Scholastic Cleaning and Consultancy Services Pty Ltd (No 8) [2014] VSC 567
Citation 7 (Para 12)

…or by someone with his authority, on the instructions of counsel: see Hudspeth v Scholastic Cleaning And Consultancy Services Pty Ltd & Ors (No 8) [2014] VSC 567.…
Secretary to the Department of Business and Innovation v Murdesk Investments Pty Ltd [2012] VSC 319
Citation 8 (Para 24)

…vation v Murdesk Investments Pty Ltd [2011] VSC 581 (ruling) and Secretary to the Department of Business and Innovation v Murdesk Investments Pty Ltd [2012] VSC 319 (judgment).…
Secretary to the Department of Business and Innovation v Murdesk Investments Pty Ltd [2011] VSC 581
Citation 9 (Para 24)

…Emerton J dealt with non-disclosure issues in Secretary to the Department of Business and Innovation v Murdesk Investments Pty Ltd [2011] VSC 581 (ruling) and Secretary to the Department of Business and Innovation v Murdesk Investments Pty Ltd [2012] VSC 319 (judgment).…
Whitehouse v Jordan [1980] UKHL 12
Citation 10 (Para 21)

…uld be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of litigation ( Whitehouse v Jordan [1980] UKHL 12; [1981] 1 WLR 246 at p 256, per Lord Wilberforce). ……

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