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...
May 15, 2017 | Causation, Fiduciary relationships
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...
Nov 29, 2015 | Causation, Civil Liability Act, Damages - Personal Injury
Hirst v Sydney South West Area Health Service [2011] NSWSC 664 Davies J 135 The Defendant submitted that s 5E, when speaking of onus of proof, covered not only the legal onus of proof but also the evidentiary onus. Accordingly, the Defendant submitted, the principle...
