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...