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...

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...

Legislative mistakes

  Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 A definition using the term “means” is generally to be understood as exhaustively defined by what follows. Because the definition of “sentence” has 11 paragraphs, which include many kinds of order which...

What is an “order”

Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 In written submissions, the respondent relied squarely upon the judgment of this Court in Director of Public Prosecutions (NSW) v Roslyndale Shipping Pty Ltd. [1] The respondent referred in particular to the...

Causation in equity

Lifeplan Australia Friendly Society Ltd v Ancient Order of Foresters in Victoria Friendly Society Limited [2017] FCAFC 74 As can be seen from the analysis of the jurisprudence by the primary judge, the causal relationship between the breach and the profit has been...

Magna carta: did she die in vain?

Application of Adrian Ashley of the House of Cooper [2017] NSWSC 533 [25] Unsurprisingly, the petitioner concluded his submissions by citing Magna Carta (version not identified)....

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...