Duty of care to a rescuer

EVIDENCE – admissibility and relevance – expert opinion – expert conceded lack of expertise in specific field – report admitted “provisionally” – whether the report rejected and then improperly relied on by the trial judge
NEGLIGENCE – breach of duty – rescuer injured – respondent provided an enclosed playground area at its premises – respondent knew that playing in the back area of the playground was dangerous and that children used to go there – a small child entered the back area of the playground and got stuck on the equipment – entrance to the area was through a gate which had no warning on it nor a secure lock – appellant fell after rescuing the child – whether respondent breached duty of care by failing to provide a system preventing unauthorised access by children to the back area

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Personal injuries damages – appeal

DAMAGES – personal injury – non-economic loss – whether the primary judge made a wholly erroneous estimate of the damages suffered – use of earlier decisions of courts for the purpose of establishing an appropriate award – Civil Liability Act 2002 (NSW), s 17A

DAMAGES – personal injury – past and future economic loss – use of buffer – whether the primary judge made a wholly erroneous estimate of the damages suffered

DAMAGES – personal injury – paid domestic assistance – whether the evidence established the likelihood of a future need for domestic assistance

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GUARDIANSHIP – Person under guardianship – Suitability of guardian – Undue conflict of interest – Guardianship outside Australia

Appeal to the Supreme Court (pursuant to clauses 12(1)(b) and 14 of schedule 6 to the Civil and Administrative Tribunal Act 2013 NSW) against guardianship orders made by the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT)

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