Stay of execution of judgment pending appeal

Lockhart Shire Council v. King [2005] NSWCA 236   1 HANDLEY JA: I agree with Hodgson JA but wish to add some supplementary remarks of my own. 2 In my opinion the trial judge should not have required the appellant to pay part of the judgment as a condition of the stay...

The "Ferrcom inference": what it is and is not

Stambolziovski v Nestorovic and Camanaro Prestige Properties Pty Ltd t/as Sydneyhome Real Estate [2015] NSWCA 332 51 The reference to a Ferrcom inference is a reference to what was said by Handley JA in Commercial Union Insurance Company of Australia Limited v Ferrcom...

Fact finding and the effect of a lie

Schultz v McCormack [2015] NSWCA 330 McColl JA at [1]; Macfarlan JA at [132], Beech-Jones J at [144]     78 His Honour’s finding in this respect was that the respondents tailored their evidence in denying they had told the appellant she should claim on their insurance...

Negligent home owner

Schultz v McCormack [2015] NSWCA 330 The appellant, Sheran Ann Schultz, was injured when she slipped and fell on a tiled floor, which was, in effect, the top step of the verandah of the home of the respondents, Norman McCormack and Cathryn McCormack. The accident took...

Public pool – swimmer in training: no negligence in council

Uniting Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council [2015] NSWCA 320 NEGLIGENCE – school student injured while training in Council pool – pupil directed by swimming coach employed by School to dive into shallow end of pool – pupil...
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