Civil Judgments 2012
Selected judgments handed down in the general Civil Jurisdiction of the Magistrates' Court of Victoria during 2012:
| 8 Food Pty Ltd v BMW Melbourne Pty Ltd | Magistrate P. Lauritsen Hearing at: Melbourne Date of Decision: 14 February 2012 Reasons for Decision Plaintiff seeking damages for faulty car and defective repairs – delivery of goods subject to bailment for reward – whether the defendant breached the requisite degree or standard of care – claim for damages confined to refund of monies paid to the defendant. |
| Markovic v Perpetual Trustee Co Ltd | Magistrate P. Lauritsen Hearing at: Melbourne Date of Hearing: 5 October, 9 November, 14 December 2011 Date of Decision: 11 January 2012 Reasons for Decision Proceeding transferred to the Magistrates’ Court from the Supreme Court of Victoria; Courts (Case Transfer) Act 1991 – plaintiff seeking special costs order after offer of compromise accepted – plaintiff’s reliance on the nature of events occurring pre- and during litigation – manner of litigious conduct on behalf of the defendant – conflict of interest – whether special or unusual circumstances arose justifying order for costs on an indemnity basis. |
| Premier Capital Ltd v Sovereign Re Pty Ltd | Magistrate P. Lauritsen Hearing at: Melbourne Date of Decision: 7 February 2012 Reasons for Decision Application by the defendant to dismiss proceeding for failure to disclose cause of action – Magistrates’ Court General Civil Procedure Rules 2010, r 23.01(1) – plaintiff’s claim for orders for costs from non-party – defendant’s application for security for costs – Magistrates’ Court Act 1989, s 131(1) – court’s discretion to award costs. |