Dean Charalambous Dean Charalambous

Simmonds-Thatcher v Kamari [2021] VSCA 133

In Simmonds-Thatcher v Kamari [2021] VSCA 133, Ms. Simmonds-Thatcher (“the plaintiff”), was a passenger in a taxi that stopped to drop her off. After stopping, she walked around the rear of the stationary taxi and stepped onto the street, where she was struck by a vehicle driven by Mr. Kamari (“the defendant”). The driver of the vehicle claimed that he did not have an opportunity to see Ms. Simmonds-Thatcher before the collision. 

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Dean Charalambous Dean Charalambous

Piedimonte v Transport Accident Commission [2023] VCC 1698  

In the case of Piedimonte v Transport Accident Commission [2023] VCC 1698, Ms. Piedimonte (“the plaintiff”), sought leave to initiate common law proceedings against the Transport Accident Commission (“TAC”)(“the defendant”) for injuries sustained in a transport accident on 1 April 2016. The primary issue was whether her right hip injuries, specifically a labral tear and osteoarthritis, were caused or aggravated by the accident or were the natural progression of a pre-existing condition.

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Dean Charalambous Dean Charalambous

Moore v Goldhagen [2024] VSCA 25 

The case of Moore v Goldhagen involves a claim for damages following an incident in September 2017, where Mr. Moore (“the applicant”) alleged that he was injured while attempting to board a bus at a bus stop in Moorabbin. The applicant alleged that the bus driver (“the respondent”) closed the doors and drove off, causing him to fall and sustain injuries. He made reports to both Victoria Police and the Transport Accident Commission (“TAC”), which recorded details of the incident, including that the bus may have mounted the kerb.

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Dean Charalambous Dean Charalambous

Hayden Norman v Transport Accident Commission 

The case of Hayden Norman v Transport Accident Commission arose from a claim by Hayden Norman (“the plaintiff”), against the Transport Accident Commission (“TAC”) (“the defendant”) under the Transport Accident Act 1986 (Vic). The claim related to injuries sustained by Norman while he was a passenger in a car driven recklessly by a friend. Norman sought compensation on the basis that the driver’s negligence caused the accident.

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Dean Charalambous Dean Charalambous

Troise v Blue Key Properties Pty Ltd (Building and Property) [2025] VCAT 9 

In Troise v Blue Key Properties Pty Ltd (Building and Property) [2025] VCAT 9, Anna Maria Troise and Luciano Troise (“the owners”), entered into a domestic building contract with Blue Key Properties Pty Ltd (“the builder”), for the construction of a residential property. A dispute arose regarding the completion of the building works, specifically related to the issuance of a conditional occupancy permit.

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Dean Charalambous Dean Charalambous

Pafburn Pty Limited & Anor v The Owners – Strata Plan No 84674 [2024] HCA 49 

In Pafburn Pty Limited & Anor v The Owners – Strata Plan No 84674 [2024] HCA 49, the Owners Corporation of a residential strata building in North Sydney initiated legal action against Pafburn Pty Limited (“the head contractor”) and Madarina Pty Ltd (“the developer”). The Owners Corporation (“the applicant”) alleged that both parties breached the statutory duty of care under section 37 of the Design and Building Practitioners Act 2020 (NSW) (“DBPA”), resulting in construction defects.

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Dean Charalambous Dean Charalambous

Bellini v Meldan (Vic) Pty Ltd [2021] VCAT 833 

The owners submitted the claim that Meldan failed to ensure  that the works were carried out with reasonable care and skill, not that the Meldan itself  had failed to carry out the work in such a manner, the VCAT determined that the claim was not apportionable…

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