Feb 20, 2018 | Administrative Law
ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessment review panel – Panel not advised by Authority of appellant’s objection to assessment without re-examination – appellant not re-examined – whether constructive...
Feb 18, 2018 | Causation, Damages - General Principles, Damages - Personal Injury, Negligence, Torts
TORTS – negligence – apportionment of responsibility and damages – medical negligence – whether pre-existing condition was progressively deteriorating – whether causation was established – whether assessment of damages could be challenged – challenges to findings of...
Dec 20, 2017 | Misleading and deceptive conduct
Skinner v Redmond Family Holdings Pty Ltd [2017] NSWCA 329 6. Apportionment [152] Ground 17 asserts that his Honour erred in finding, for the purposes of s 1041N of the Corporations Act, that it was just for Mr Skinner to be held 50 percent liable for Holdings’ loss....
Dec 11, 2017 | Negligence, Statutory Construction
The question to be determined by the Court was whether Parkes Shire Council was able to recover payments of workers’ compensation from South West under s 151Z of the Workers Compensation Act 1987 (NSW). South West Helicopters Pty Ltd v Stephenson [2017] NSWCA...