Australia, Sept. 19 -- New South Wales Land and Environment Court issued text of the following judgement on Sept. 18: On 30 March 2010 Leighton Offshore Pte Ltd ("Leighton Offshore"), a subsidiary of Leighton Holdings Limited ("Leighton", now known as CIMIC Group Limited ("CIMIC")), submitted a bid for a large infrastructure project known as the Iraq Phase 1 Project. On 7 April 2010 Russell Waugh (Chief Executive Officer ("CEO") of Leighton Offshore) met Peter Willimont of Unaoil Ltd ("Unaoil")...
Australia, Sept. 19 -- Supreme Court of Western Australia in Chambers issued text of the following order on Sept. 17: 1 These reasons concern the discovery aspects of the omnibus interlocutory applications heard on 6 August 2024 in these two actions.[1] 2 These reasons should be read together with the reasons published by the Court on 10 September 2024 in respect of the interlocutory pleadings disputes which were also heard on 6 August 2024: Palmer v CITIC Ltd [No 13].[2] Those earlier reason...
Australia, Sept. 19 -- County Court of Australia issued text of the following judgement on Sept. 18: 1. Mr Mallios applies under section 93(4)(d) of the Transport Accident Act 1986 for leave to commence common law proceedings for pain and suffering damages in respect of an injury to the spine sustained in a transport accident on 23 May 2019, when his car was struck by another vehicle that did not stop. After the transport accident, Mr Mallios went home, and subsequently visited his GP, Dr Ng. H...
Australia, Sept. 19 -- County Court of Australia issued text of the following judgement on Sept. 18: 1. On 3 June 2019, a crane tipped over at a construction site in Dandenong South. The company responsible for the crane's operation, Misz Pty Ltd ('Misz'), has pleaded guilty to a single charge under s 26(1) of the Occupational Health and Safety Act 2004 ('the OHS Act'), of failing to ensure, as a person who has to any extent the management or control of a workplace, that the workplace was, so f...
Australia, Sept. 19 -- County Court of Australia issued text of the following judgement on Sept. 18: 1. Kyle Hurlstone deposed in his affidavit to suffering psychiatric injury in the following way: "In the process of unloading, the truck/crane driver managed to allow the boom of the crane to come into physical contact with overhead power lines. This completed a live circuit, grounding the crane operator and causing him to suffer a massive electric shock. The sky lit up with large blue sparks....
Australia, Sept. 19 -- County Court of Australia issued text of the following judgement on Sept. 18: 1. As I shall explain, this proceeding is an example of the ugly reality of unmeritorious litigation and the use of a legal process in circumstances that pose a risk of further distress to a party. 2. Mr Leigh Buchanan brings this appeal from the decision of a Magistrate made on 31 May 2024 to refuse his application pursuant to the Personal Safety Intervention Orders Act 2010 ("the Act") for a ...
Australia, Sept. 19 -- County Court of Australia issued text of the following judgement on Sept. 17: 1. Ismail Saad[1], you have pleaded guilty on an indictment containing one rolled up charge of sexual assault of a child under the age of 16, contrary to s 49D of the Crimes Act 1958. 2. Sexual assault of a child under the age of 16 carries a maximum penalty of 10 years' imprisonment. This offence also attracts a standard sentence of 4 years' imprisonment. Circumstances of the offending 3. Th...
Australia, Sept. 19 -- County Court of Australia issued text of the following judgement on Sept. 16: 1. In August 2015, the defendant, Coles Supermarkets Australia Pty Ltd and the third party, Linfox Australia Pty Ltd, entered into an agreement for Linfox to provide transportation services for deliveries to Coles stores located in Victoria ("Agreement"). 2. On 13 December 2018, the plaintiff, Mr Gurpreet Kang, injured his lower back in a fall in the course of his employment as a truck driver w...
Australia, Sept. 19 -- Victorian Civil and Administrative Tribunal issued text of the following judgement on Sept. 17: 1. On land at 40 Alma Road, St Kilda ('review site') is a large Italianate era mansion and a set of flats dating from the 1960s. The owner of the review site, Seranin Pty Ltd, ('applicant') is seeking to use the buildings for a rooming house to accommodate up to 35 residents across 22 rooms, five of which would be self-contained and the other 17 would rely on the use of three c...
Australia, Sept. 19 -- Victorian Civil and Administrative Tribunal issued text of the following judgement on Sept. 17: Varied decision by Environment Protection Authority under s 51A of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) 1. I confirm the decision under review in proceeding P951/2024 is the varied decision of the Environment Protection Authority made on 12 September 2024 under s 51A of the Victorian Civil and Administrative Tribunal Act 1998 (Vic). 2. I confirm unde...