The High Court applies the present law regarding a duty of care to avoid pure economic loss, but it’s “unsatisfactory”: Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2024] HCA 25

By Jason Symons, Partner, Max Feng, Lawyer and Laura Vitagliani, Paralegal

On 7 August 2024, the full court of the High Court of Australia (HCA) handed down its much-anticipated decision in Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2024] (Mallonland)[1] concerning a negligence claim for pure economic loss brought by a class action group of sorghum growers (the Growers) against Advanta Seeds (Advanta), a seed producer.

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Interpreting Settlement Terms in Class Actions: The Scope of “Plaintiff’s Costs” General Motors Holden Australia NSC Pty Ltd v Beecham Motors Pty Ltd [2024] VSCA

By Stuart Eustice Partner and Lidia Martinez Chavez Lawyer

Background

In 2018, General Motors Holden (GM Holden ) signed five-year dealership agreements with various dealers, including Beecham, to sell and service Holden vehicles in Australia. In February 2020, GMH’s parent company General Motors (GM) announced it would retire the Holden brand and end sales by 2021. GM Holden offered compensation for early termination, but Beecham rejected the offer and commenced a class action alleging breach of contract and statutory obligations by GM Holden.

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The Harman undertaking and use of documents for other purposes – Price v Clearview Life Nominees Pty Limited [2024] NSWSC 706

By Louise Cantrill, Partner and Tamara James, Solicitor

The Harman undertaking, or implied undertaking, is a long-established principle minimising the use of documents produced in litigation for alternative purposes.  The recent judgment of Price v Clearview Life Nominees Pty Limited provides guidance on when special circumstances may, or may not, exist to provide relief from the obligations of the implied undertaking in an insurance context.

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A snapshot of registered health practitioner misconduct in Victoria: July to August 2024

By Zoe Vlahogiannis, Lawyer

Medical Board of Australia v Kozminsky (Review and Regulation) [2024] VCAT 789 (21 August 2024)

The Tribunal found a doctor had engaged in inadequate or inappropriate treatment of a patient, resulting in professional misconduct, for prescribing zolpidem (sleeping tablets) to a patient for an extended period and for failure to maintain detailed and sufficient medical records. The Tribunal ordered the doctors registration be suspended for 3 months and his registration be subject to conditions, including undertaking an educational program and to submit an audit of his practice.

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