Archive for August 2015

Administrative review

ADMINISTRATIVE LAW – judicial review – medical review panel – assessment of degree of permanent impairment under the Motor Accidents Compensation Act 1999 (NSW) – failure to take into account relevant considerations – whether the failure to refer to particular evidence can constitute failure to take into account relevant considerations – failure to accord procedural…

Read More

Issue estoppel

Estoppel – Issue estoppel – Appellant employed at abattoir operated by respondent – Appellant subsequently employed by third party providing labour services to respondent – Appellant complained to Fair Work Ombudsman that entitlements not paid upon termination of employment – Fair Work Ombudsman commenced proceedings in Federal Court of Australia against respondent – Federal Court…

Read More

Liability of hotelier

NEGLIGENCE – hotel patron assaulted across road from licensed premises by employee of hotel – employee not a security guard – evidence unclear as to whether assailant crossed road to intervene in dispute involving patron – non-intervention by employees of hotel and employees of security company – whether evidence sufficient to establish breach of duty

Read More

Administrative review

ADMINISTRATIVE LAW – judicial review – decision of the proper officer of the Motor Accidents Authority to dismiss an application for review of a medical assessment pursuant to s 63 of the Motor Accidents Compensation Act 1999 (NSW) – whether reasonable cause to suspect that medical assessment was incorrect in a material respect – whether…

Read More

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…

Read More

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 –…

Read More

Guardianship

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…

Read More