The Owners Strata Plan v Brookfield Multiplex Limited
[2010] NSWSC 360
Citation 1
…spring out of or have their origin in a failure to take reasonable care”; b. In the Owners Strata Plan v Rookfield Motorplex Ltd [2010] NSWSC 360, McDougall J considered a claim against a builder in respect of alleged defective work in the construction of strata title developments. The builder alleged that its sub…
Reinhold v New South Wales Lotteries Corporation (No 2)
[2008] NSWSC 187
Citation 2
…d. In Reinhold v New South Wales Lotteries Corporation [2008] NSWSC 187, Barrett J considered a claim by the disgruntled holder of a lottery ticket against the newsagents who had sold him the ticket and the body responsible for the lotteries, that his ticket had been wrongly cancelled. Although the claims were prin…
Dartberg Pty Ltd v Wealthcare Financial Planning Pty Ltd
[2007] FCA 1216
Citation 3
…o take reasonable care. 9 I will refer briefly to a number of the authorities: a. In Dartberg Pty Ltd v Wealthcare Financial Planning [2007] FCA 1216. Middleton J considered whether a claim for economic loss arising in the context of advice given was covered by the relevant legislative provisions. The test stated…
Astley v AusTrust Ltd
[1999] HCA 6
Citation 4
…f whether the acts or omissions of the plaintiff have contributed to the loss and damage claimed by it. The High Court in Astley v Austrust Ltd (1999) 197 CLR 1 determined that contributory negligence was not a defence in that case to a contractual claim and could not give rise to a reduction in the defendant’s lia…
Solak v Bank of Western Australia Ltd
[2009] VSC 82
Citation 5
…o raise the issue of concurrent wrongdoing were “hopeless or doomed to fail”; c. In Solak v Bank of Western Australia Ltd [2009] VSC 82, Pagone J considered a claim arising out of a mortgage alleged to be a forgery. The defendant, Bank West, had claims against its mortgage brokers, alleging that they had not fol…