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...

Approach to factual findings in an appeal

  Ralston v Jurisich [2017] NSWCA 6 I do not think that there is any hard and fast rule. The general position established by Warren v Coombes [15] is that on an appeal by way of rehearing from a judge sitting without a jury, an appellate court is in general in as...

Vicarious liability

  Day v The Ocean Beach Hotel Shellharbour Pty Ltd [2013] NSWCA 250; (2013) 85 NSWLR 335 [31] On my reading, those passages demonstrate that common to one of the lines of reasoning employed by the majority in Oceanic Crest was the proposition of...

Direct action against an insurer, s 6

    Wayland v Bird [2017] NSWCA 26   Section 6 of the Act provides as follows: 6   Amount of liability to be charge on insurance moneys payable against that liability (1)   If any person (hereinafter in this Part referred...

Mental harm and corporate knowledge

Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21 This provision requires a different approach from that arising under general law principles. Where there is a pre-existing relationship, as with a contractual relationship...

The evidentiary status of photographs

  Blacktown City Council v Hocking [2008] NSWCA 144 Spigelman CJ (Beazley JA agreeing): 7 Tobias JA sets out the authorities which consider the use of photographs by a trial judge. It is not entirely clear in what circumstances photographs can be used as direct...

Scope of orders available on judicial review

 In the exercise of the Court’s supervisory jurisdiction, the Court is not limited to granting only that kind of relief which might have been available under the prerogative writs. The Court can make an order not merely quashing the determination of the court...

NCAAT: residents of different states

Burns v Corbett; Gaynor v Burns [2017] NSWCA 3   In 2013 and 2014, Mr Garry Burns made separate complaints to the Anti‑Discrimination Board of NSW about statements made by Ms Therese Corbett and Mr Bernard Gaynor which he claimed were public acts which vilified...

Circumstantial case: the fact finding process

The Nominal Defendant v Cordin [2017] NSWCA 6 In the present case there was a great deal of contemporaneous evidence that assisted in the task of ascertaining what happened in the accident. The trial judge considered this evidence in some detail but the approach he...

Manifest unreasonableness: s. 43A CLA; s. 45 CLA

On 1 January 2010, the appellant, John Douglas Mansfield, drove his fully laden water truck along the single lane track of Greens Crossing Road, just south of Stroud. On crossing over a culvert, the left hand side of the bank gave way, resulting in his truck rolling...