Ambulance law

Logar v Ambulance Service of New South Wales Sydney Region [2017] NSWCA 274 Schmidt J (Macfarlan JA and Emmett AJA agreeing) held that the primary judge did not err in failing to make a finding as to the actual speed at which the ambulance proceeded through the...

Motor accident v. work injury damages

Steven George Villanti v Coles Group Supply Chain Pty Limited; Steven George Villanti v All Staff Australia NSW Pty Ltd t/as Allstaff Australia [2017] NSWSC 1231 NEGLIGENCE – breach of duty – workplace accident – whether employer is vicariously liable for driver –...

Road authority

Wells v Council of the City of Orange (No 2) [2017] NSWSC 510 TORTS – negligence – motor vehicle accident – motorcycle colliding with water-filled barrier at night – duty of care – breach of duty – standard of liability – whether using water-filled barrier manifestly...

Oz standards not dispositive

Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369 NEGLIGENCE – liability of occupier – liability of landscape architect – patron injured as stepped into garden bed in Club car park – true depth of garden bed obscured by...

Administrative law: The role of a medical assessor

AAI Limited v State Insurance Regulatory Authority of New South Wales (formerly the Motor Accidents Authority of New South Wales) [2016] NSWCA 368 On its proper construction the MAC Act does not require a medical assessor to make a determination as to what elements of...

The place of “error” in the appellate process

STRINGER & OR v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (SA) PTY LTD [2017] SASCFC 138 A trial Judge has primary responsibility for factual adjudication.  The Judge’s findings should not be disturbed unless good and sufficient reason to do so is positively...

Ambulance law

Logar v Ambulance Service of New South Wales Sydney Region [2017] NSWCA 274 Schmidt J (Macfarlan JA and Emmett AJA agreeing) held that the primary judge did not err in failing to make a finding as to the actual speed at which the ambulance proceeded through the...

Motor accident v. work injury damages

Steven George Villanti v Coles Group Supply Chain Pty Limited; Steven George Villanti v All Staff Australia NSW Pty Ltd t/as Allstaff Australia [2017] NSWSC 1231 NEGLIGENCE – breach of duty – workplace accident – whether employer is vicariously liable for driver –...

TPD – test for error in the insurer/trustee’s decision

Whether the primary judge erred in his approach to the task of the Court in reviewing the Insurer’s opinion that Mr Jones was not Totally and Permanently Disable. Hannover Life Re of Australasia Ltd v Jones [2017] NSWCA 233 Headnote: The Court (Gleeson JA, Macfarlan...

Leave to appeal

State of New South Wales v Bouffler [2017] NSWCA 185 11. Leave to appeal will only be granted where there are substantial reasons to allow an appellate review: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69; Rodi v Gelonesi [2012] NSWCA 424 at...

Construing exclusions in an insurance contract

The policy should be read on the assumption that the exclusions removed claims that would otherwise be within cover. Accordingly, the claim by the trustee against one of the named insured was brought by a “third party” within the insuring clause Malamit Pty Ltd v WFI...

Valuation evidence: the requirements for admissibility

Rolleston v Insurance Australia Ltd [2017] NSWCA 168 Meagher JA: 4 The valuer adopted the comparable sales method. That method involves the identification of qualities or characteristics of the relevant comparable properties which are considered to be indicators of...

Abuse of process

CGU Insurance Ltd v Watson [2007] NSWCA 301 at [40]: The Supreme Court has an inherent jurisdiction to prevent abuse of its procedures, and may stay or dismiss proceedings the bringing or continuance of which is an abuse of process. Even if principles of res judicata...