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Gregg v R [2020] NSWCCA 245 As I have stated, the trial judge also concluded, relying on the decision in Rusu (National Australia Bank Ltd v Rusu (1999) 47 NSWLR 309; [1999] NSWSC 539), that s 48(1) of the Evidence Act merely prescribes the means of adducing evidence of the contents of a document and leaves untouched questions of authenticity. It is not…

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Bowman v Nambucca Shire Council [2020] NSWSC 1121 The plaintiff brought negligence proceedings against Nambucca Shire Council relating to a slip and fall occurring on 22 February 2015 on the Scotts Head Marine Boat Ramp at Forster Beach, Scotts Head. The defendant had the care, control and management of a boat ramp. The boat ramp was constructed with the…

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Sandstrom v FSS Trustee Corporation & Anor [2020] NSWSC 200 Applicable Legal Principles – Interpretation of the ETE Clause ETE clause policy wordings similar to those in the FSS Policy and the PBRI Policy have received extensive judicial consideration both at first instance and on appeal. From those cases statements of applicable principle can be…

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Sandstrom v FSS Trustee Corporation & Anor [2020] NSWSC 200 Applicable Legal Principles – Duties and Procedures of Decision-Makers Slattery J The law defining the scope of the duties of decision-makers dealing with claims by members of superannuation funds for whom the trustee has obtained TPD insurance cover is well established. That law and the…

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Best v Rosamond [2020] NSWCA 90 http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA//2020/90.html 32 The primary judge held that even if his Honour were to believe the appellant’s evidence that he began to struggle from the emotional impact of the assault only later, in October 2015, this did not address the critical question: “[35] … But for reasons I have referred…

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Haselhurst v Toyota Motor Corporation Australia Ltd t/as Toyota Australia; Whisson v Subaru (Aust) Pty Ltd; Kularathne v Honda Australia Pty Ltd; Brewster v BMW Australia Ltd; Bond v Nissan Motor Co (Australia) Pty Ltd; Coates v Mazda Australia Pty Ltd; Dwyer v Volkswagen Group Australia Pty Ltd t/as Volkswagen Australia [2020] NSWCA 66 (22…

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Hallmark Construction Pty Ltd v Brett Harford; Copeland Building Services Pty Ltd v Hallmark Construction Pty Ltd; Hallmark Construction Pty Ltd v Harford Transport Pty Ltd [2020] NSWCA 41 On 24 May 2013, before dawn, Brett Harford was delivering supplies to a building site in Homebush West. On arrival, the builder’s supervisor, Mr Isaia, directed him…

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Pomare v Whyte [2019] NSWCA 317 On 18 April 2012 the appellant, Mr Kereopa Pomare, was travelling in a prime mover on the Silver City Highway west of Wentworth. The prime mover was travelling approximately 100 km per hour and collided with an Angus bull, causing the prime mover to overturn and Mr Pomare was…

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