Aug 31, 2016 | Blameless motor accident, Recent cases
Whitfield v Melenewycz [2016] NSWCA 235 On 12 August 2011 the respondent driver was injured when the motorcycle he was riding collided with a kangaroo on an unsealed road in rural New South Wales. He brought proceedings in the Supreme Court against the first appellant...
Aug 29, 2016 | Recent cases
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...
Aug 29, 2016 | Appeal, Blameless motor accident, Practice & Procedure
Serrao (by his Tutor Serrao) v Cornelius (No.2) [2016] NSWCA 231 First, as I have noted, the respondent’s counsel expressly stated at the outset of the trial that he did not press the pleaded defence that the appellant had not been injured in a “blameless motor...
Aug 29, 2016 | Appeal, Practice & Procedure
Serrao (by his Tutor Serrao) v Cornelius (No.2) [2016] NSWCA 231 Reopening Decisions The extent to which the highest appellate court in a State regards itself as free to depart from its own decisions is a matter of practice for the court itself to...
Aug 23, 2016 | Practice & Procedure
Johnston v Endeavour Energy [2016] NSWSC 1132 Relevant principles The principles that govern an application for approval of a settlement of a group proceeding are well established: The central question for the Court is whether the proposed settlement is fair...
