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)...

Dangerous 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...

Changes to expert's code of conduct

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...

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...

Abuse 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...
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