Onus of proof

  Keith v Gal [2016] NSWCA 152   1.   In 2001, the appellant, Mr Clifford Keith, was injured when the vehicle he was driving collided with the rear of a tow truck driven by the respondent, Mr Adrian Gal, which pulled abruptly into the lane in which Mr Keith...

Battery, intention

Croucher v Cachia [2016] NSWCA 132   [21] A defendant who directly causes physical contact with a plaintiff will commit a battery unless the defendant proves that the defendant was “utterly without fault”. The requisite direct contact will be present if the...

Insurance, conditions and burden proof

  Subject to the terms conditions and exclusions of this policy as agreed by You and Us, We agree to provide indemnity in respect of any Motor Vehicle described in the Schedule against loss damage or liability as hereafter mentioned arising out of an Accident or...