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.
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.
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.
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.
Plunkett v Portier Pacific Pty Ltd (Civil Claims) [2024] VCAT 205 (5 March 2024)
On 13 April 2023, the respondents made an application pursuant to section 77 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) that this proceeding be struck out and the matter referred to the Supreme Court of Victoria.
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.
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.
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…