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Archive for July 2016

NSW Court of Appeal: appeal books

  In place of order (5) made on 5 July 2016 (but not entered) the Court makes the following order: (5)   Order that the appellant’s solicitor – (a)   not charge his client with more than 50% of the costs and disbursements associated with preparing the Blue appeal books; (b)   to the extent that such costs or disbursements have already…

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Horse racing: dangerous recreational activity….for the jockey?

Goode v Angland [2016] NSWSC 1014 TORT – negligence – personal injury – jockey injured in fall from horse during country race meeting – whether defendant negligently caused or permitted his horse to take plaintiff’s running – whether plaintiff’s horse advanced into a position of danger – Civil Liability Act 2002 s 5K – dangerous…

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Appointment of silk in NSW: declaratory relief

ASSOCIATIONS AND CLUBS – declaratory relief sought pursuant to s 21 of Federal Court of Australia Act 1976 (Cth) – whether subject matter of declarations sought is justiciable – when Court will intervene in internal affairs of voluntary associations – where association is a company limited by guarantee – where issues do not relate to rules in association’s Constitution…

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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 was driving. Prior to the accident, the appellant…

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