Archive for August 2016
Rider cannot sue owner for "blameless motor accident"
Amendment
PLEADINGS – amendment of pleadings – whether proposed amendments raise new issues – where defendants in possession of plaintiff’s expert obstetric opinion since April 2015 raising the issues now sought to be particularised – whether defendants prejudiced by proposed amendments Rae by his tutor Rae v South Western Sydney Local Health Network [2016] NSWSC 1176…
Read MoreBlameless motor accidents: refusal of leave to re-argue Axiak
Reopening decisions of the NSW Court of Appeal
Class actions: principles relating to settlement
Estoppel: "finality"
Leave to appeal – principles
Gibson v Drumm [2016] NSWCA 206 There are no exhaustive or rigid rules of practice or criteria governing the grant of leave to appeal: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170. However, it has been consistently stated that leave should only be granted where there are substantial…
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