Administrative law

ADMINISTRATIVE LAW – judicial review – reviewable decisions and conduct – motor accident – proper construction of s 63 of the Motor Accidents Compensation Act 1999 (NSW) and the Medical Assessment and Permanent Impairment Guidelines – whether review panel conducted...

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...

Moving

Time to move Everyone needs a change and I've been walking these corridors for a long time. I am moving to new chambers across the road at 167 Phillip Street (which has been recently refurbished) to Lawson Place Chambers. I hope that we will have professional contact,...

Contempt

CONTEMPT – contempt of court – improper pressure – interference with the administration of justice as a continuing process Live Group Pty Ltd & Anor v Rabbi Ulman and Ors [2018] NSWSC 393 The ‘broader’ category of contempt As referred to in the original judgment...

ICAC: Jurisdictional Facts?

Knightsbridge North Lawyers Pty Limited v Independent Commission Against Corruption [2018] NSWSC 387 ADMINISTRATIVE LAW – judicial review – Independent Commission Against Corruption (ICAC) – decision to hold public inquiry – ICAC Act 1988 (NSW), s 31 – decision to...

Corporate structure and duty of care

Strategic Formwork Pty Ltd v Hitchen [2018] NSWCA 54 The Court (Basten JA, Sackville AJA and Simpson JA) allowed the appeal on damages in part but otherwise dismissed the appeal; by majority the Court (Basten JA and Sackville AJA, Simpson JA dissenting) dismissed the...

Implying law into contracts

Bayside Council v V Corp Constructions Pty Ltd [2017] NSWCA 120   39. In dealing with a deed of release, in Bank of Credit and Commerce International SA v Ali, [5] Lord Hoffmann, after noting that the language of the document was “very wide”, continued: “So I...

12 tips to going paperless

Yet, believe it or not, going paperless is easier than you think. What used to be a more expensive and time-consuming option has now, thanks to hundreds of companies who have rethought old ways of working, become a valid option to actually start saving time, money and...

Peer professional opinion in practice

NEGLIGENCE — Medical negligence — Peer professional opinion — Civil Liability Act 2002 (NSW) s 5O — Whether necessary that at the time of the alleged negligence there was an established practice which was widely accepted as competent medical practice — McKenna v...

Apprehended bias

apprehended bias – whether comments and questions by sentencing judge during applicant’s trial, a co-offender’s trial, and sentencing hearings gave rise to reasonable apprehension of bias – application for recusal rejected – whether sentencing judgment should be set...

Admissions: weight?

EVIDENCE – whether respondent had made admission as to appellants’ right to immediate possession – probative value of admission made– whether inference should be drawn from respondent’s failure to give evidence at trial Brendas v Genter [2018] NSWCA 8 Whilst the...

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