March 2016 – Robert Sheldon

Bankstown City Council v Zraika; Roads and Maritime Services v Zraika [2016] NSWCA 51 LOCAL GOVERNMENT – development consent – function of determining applications for development consent – whether local council as planning authority owed duty of care – nature of regulatory function for the purposes of Civil Liability Act 2002 (NSW) s 44…

S S Pharmaceuticals v Qantas [1991] 1 Lloyd’s Rep 288 at 293, Gleeson CJ and Handley JA said: Where the inference of greater fault is open on the evidence we see no difficulty in drawing that more adverse inference where the defendant fails to call evidence. As Mr Justice Rich (who was part of the…

Archive for March 2016

MACA Claims Assessors: concise reasons

Proportionate costs in England & Wales

Duty of development consent authority

A summary of the principles governing the review of an administrative decision

"not insignificant"

Duty and foreseeability

Jones v Dunkel

The unreliability of evidence in chief adduced in written form

Costs where no determination on the merits

The need for articulation of a duty, at a high level of generality, before examining breach

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