George v Webb
[2011] NSWSC 1608
Citation 1
…31 In George v Webb [2011] NSWSC 1608, Ward J at paragraph 319 referred to both the statement of Buchanan JA in Pearsons’ case and the decision of Croft J in the Main Road case. Ward J was dealing at trial with, “ Claims in relation to monies dispersed out of a trust account maintained by a firm of solicitors (Groga…
St George Bank Ltd v Quinerts Pty Ltd
[2009] VSCA 245
Citation 2
…38 In accordance with the principles enunciated by the Court of Appeal in St George Bank Ltd v Quinerts Pty Ltd [2009] VSCA 245, the first defendant was obliged to plead that the same damage was suffered as a result of the alleged concurrent wrongdoer’s actions as the plaintiff claimed as against the first defenda…
Pearsons Barristers and Solicitors v Avison
[2009] VSCA 54
Citation 3
…e care ” – Apportionable liability legislation not enlivened – Section 24AF Wrongs Act 1958 – Pearsons Barristers & Solicitors v Avison [2009] VSCA 54 applied.…
Reinhold v New South Wales Lotteries Corporation (No 2)
[2008] NSWSC 187
Citation 4
…34 Ward J referred to the decision of Middleton J in Dartberg and of Barrett J in Reinhold v NSW Lotteries Corporation (No.2) [2008] NSWSC 187 and noted at paragraph 324, “Barrett J concluded in Reinhold that a claim may properly be regarded as one arising from a failure to take reasonable care if at the end of the…
Dartberg Pty Ltd v Wealthcare Financial Planning Pty Ltd
[2007] FCA 1216
Citation 5
…edings”. Croft J had, at paragraphs 8 and 9, quoted from the judgments of Middleton J in Dartberg Pty Ltd v Wealthcare Financial Planning Pty Ltd [2007] FCA 1216 and Pagone J in Solak v Bank of Western Australia [2009] VSC 82, including by Middleton J to the effect that the element of “the failure to take reasonab…
Main Road Property Group Pty Ltd & Ors v Pelligra & Sons Pty Ltd & Ors
[2010] VSC 5
Citation 6
…26 In Main Road Property Group Pty Ltd v Pelligra & Sons Pty Ltd [2010] VSC 5, Croft J considered a proceeding which related to “a property development scheme whereby individual investors would join with other investors through an entity described as a ‘company unit trust or joint venture agreement’ ”. The plai…
Solak v Bank of Western Australia Ltd
[2009] VSC 82
Citation 7
…ents of Middleton J in Dartberg Pty Ltd v Wealthcare Financial Planning Pty Ltd [2007] FCA 1216 and Pagone J in Solak v Bank of Western Australia [2009] VSC 82, including by Middleton J to the effect that the element of “the failure to take reasonable care” may “ form part of the allegations or the evidence that…