The Library Bulletin

• Addenbrooke Pty Limited v Duncan (No 3) [2017] FCAFC 166 (25 October 2017) (Dowsett, Gilmour and White JJ) APPEAL AND NEW TRIAL – request declined. APPEAL AND NEW TRIAL – application refused. COSTS – costs of the appeal – (By majority) – Appellant had substantial success on the appeal no special or exceptional circumstance which would make an order for costs in favour of appellant inappropriate.

• Australian Olympic Committee, Inc v Telstra Corporation Limited [2017] FCAFC 165 (25 October 2017) (Greenwood, Nicholas and Burley JJ) CONSUMER LAW – appeal dismissed STATUTES – Olympic Insignia Protection Act 1987 (Cth), s 36 – appeal – whether conduct breached s 36 – use of protected Olympic properties in advertisements and promotional material - whether use of Olympic properties would indicate the existence of sponsorship or sponsorship-like relationship to a “reasonable” person – appeal dismissed

Supreme Court of New South Wales - Court of Appeal:

• Logar v Ambulance Service of New South Wales Sydney Region [2017] NSWCA 274 (25 October 2017) (Macfarlan JA at [1] Emmett AJA at [15] Schmidt J at [32])

MOTOR VEHICLE ACCIDENT – motor vehicle and ambulance – collision at an intersection – ambulance on route to emergency – whether trial judge erred in relation to factual findings – scope of an ambulance driver’s duty of care – whether ambulance driver took reasonable care in approaching and driving through an intersection – whether ambulance driver breached duty of care – social utility of ambulance driver responding to an emergency – contributory negligence of motor vehicle driver