Apr 28, 2017 | Costs, Practice & Procedure
COSTS – costs of an abortive mediation – where mediation was court ordered – where the plaintiffs did not attend the mediation – where the plaintiffs did not notify the defendants – costs awarded to the defendants In the Matter of Staway Pty Limited (In Liquidation)...
Apr 25, 2017 | Civil Liability Act, Motor Accidents, Negligence
Fairall v Hobbs [2017] NSWCA 82 In Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420; [2009] HCA 48 at [11] it was emphasised by the plurality that it was of the “first importance” to identify the proper starting point, which, both in that appeal and here,...
Apr 12, 2017 | Administrative Law, Motor Accidents
Insurance Australia Ltd t/as NRMA Insurance v Scott [2016] NSWCA 138 This judgment relates to an appeal from a decision in the Common Law Division of the Supreme Court relating to a dispute as to a claim by Ms Scott for damages for injuries she suffered in a car...
Apr 7, 2017 | Civil Liability Act, Damages - Personal Injury
Shinwari v Anjoul by her tutor Therese Anjoul [2017] NSWCA 74 Section 34(1)(a) in Pt 4 of the Civil Liability Act 2002 (NSW) (Liability Act) defined an “apportionable claim” as “a claim for economic loss or damage to property in an action for damages (whether...
Apr 4, 2017 | Appeal, Fact Finding
Ralston v Jurisich [2017] NSWCA 6 I do not think that there is any hard and fast rule. The general position established by Warren v Coombes [15] is that on an appeal by way of rehearing from a judge sitting without a jury, an appellate court is in general in as...
