ACT Magistrates Court Decisions

Full-text published decisions of the ACT Magistrates Court are available on this website.

Recent Published Decisions of the ACT Magistrates Court

Uploaded

2 December 2019

Bektas & Anor v M and D Investments (ACT) Pty Ltd [2019] ACTMC 35

PRACTICE AND PROCEDURE – application to set aside default judgment – default judgment set aside by consent – costs – whether ‘general rule’ should apply that party seeking to set aside default judgment should pay the costs of the other party – application for default judgment made without warning – whether default judgment was irregularly obtained – whether mere technical error constitutes default judgment irregularly obtained – incorrect description of claim as a liquidated demand – meaning of liquidated demand – default judgment for specified amount wrongly obtained – application to set aside not seeking indulgence of the Court – default judgment should never have been signed – plaintiffs to pay defendant’s costs of the application

Uploaded

2 December 2019

Jones v Australian Capital Territory [2019] ACTMC 34

CIVIL LAW – application for special assistance under Victims of Crime (Financial Assistance) Act 1983 (ACT) – whether applicant was engaged in the commission of a serious crime or a minor crime at the time the injuries were sustained – whether applicant suffered “an extremely serious injury” – meaning of “extremely serious injury” – legislative test relates to the results of, not seriousness of, injury sustained – evidence does not prove on the balance of probabilities that impairment or disfigurement resulted in a great and permanent reduction in quality of applicant’s life or was otherwise extremely serious

Uploaded

29 November 2019

Ylisalo v Moodie & Ors [2019] ACTMC 36

PRACTICE AND PROCEDURE – PRELIMINARY DISCOVERY – application alleging failure to provide documents pursuant to s 68(1)(a)(i) of the Civil Law (Wrongs) Act 2002 (ACT) – whether documents produced were “about the accident” within the meaning of s 68(1)(a)(i) – whether the first defendant breached s 68(1)(a)(i) by late production of documents – application dismissed
PRACTICE AND PROCEDURE – application for summary judgment – strike out – whether threshold for summary judgment is met – where plaintiff’s claim against first defendant gives rise to a real question to be determined – application dismissed PRACTICE AND PROCEDURE – application for summary judgment – strike out – where second defendant did not exist at the time of the accident – consideration of possible pre-incorporation contract – consideration of plaintiff’s potential future claim being statute barred – plaintiff’s claim against second defendant struck out


Uploaded

6 November 2019

Inquest into death of Theadora Zaal [2019] ACTCD 17

CORONIAL LAW – cause and manner of death – in-hospital cardiac arrest following elective surgical procedure – history of heart condition – whether delay in defibrillation – whether subsequent failures to defibrillate shockable rhythms – whether sufficient appropriately trained staff available to assist in resuscitation – possibility that defibrillator did not detect shockable rhythm – unable to rely on resuscitation record – whether sufficient medical staff available at private hospital to cover emergencies – two matters of public safety – hearing unnecessary – recommendations made

Uploaded 5 November 2019

Inquest into death of Jeffrey Brown [2019] ACTCD 16

CORONIAL LAW – cause and manner of death – whether medical procedure contributed to death – whether appropriate investigations made – whether failure to diagnose complication of treatment – whether post-surgical treatment appropriate – conflicting expert reports – no matter of public safety – hearing unnecessary