Jan 28, 2017 | Practice & Procedure
PRODEDURE – application for variation of orders made on appeal – where appeal court awarded damages contingently assessed by trial judge – back-dating of judgment – pre-judgment interest – indemnity costs – Uniform Civil Procedure Rules 2005 (NSW)...
Jan 27, 2017 | Civil Liability Act
Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219 On 21 May 2011 the appellant was injured while riding a quad bike at the respondents’ recreational facility at Glenworth Valley in New South Wales. The appellant claimed that the respondents...
Jan 23, 2017 | Practice & Procedure
Schedule 7 Expert witness code of conduct 3 Content of report Every report prepared by an expert witness for use in court must clearly state the opinion or opinions of the expert and must state, specify or provide: (a) the name...
Jan 23, 2017 | Legal Profession, Practice & Procedure
ROFESSIONAL CONDUCT – LAWYERS – Where first defendant’s solicitors failed to serve a supplementary medical report until day before trial – whether statements made to and correspondence with other parties in relation to report was misleading – solicitors subject to a...
Jan 21, 2017 | Practice & Procedure
PRACTICE AND PROCEDURE – abuse of process – unconditional discontinuance proceedings in different court involving same substratum of fact – whether abuse of process operates against person not party to earlier proceeding – where earlier...
