Archive for January 2017
Variation of orders
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) r 36.16(3A) and (3C) – where notice of motion out of time – delay caused by oversight in…
Read MoreDangerous recreational activity – inherent risk
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 were liable to her in tort for their negligence in conducting the…
Read MoreChanges to expert's code of conduct
Service of later medical reports
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 duty not to make misleading statements to other parties – whether affidavit of defendant’s…
Read MoreAbuse of process
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 proceeding not decided upon merits – opportunity to make claims in earlier proceedings – oppression or unfairness
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