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Pleadings – form
Bryson J in Northam v Favelle Favco Holdings Pty Ltd (Supreme Court (NSW), Bryson J, 7 March 1995, unrep): It is not fair to require a defendant to flesh out general expressions or indirect allusions by piecing together information in other documents such as affidavits or…
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Vacating an order for specific performance
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Enter into a contract of insurance: s 45 of the Insurance Contracts Act
in Insurance -
Dangerous Recreational Activity
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Rider cannot sue owner for "blameless motor accident"
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Amendment
in Recent casesPLEADINGS – amendment of pleadings – whether proposed amendments raise new issues – where defendants in possession of plaintiff’s expert obstetric opinion since April 2015 raising the issues now sought to be particularised – whether defendants prejudiced by proposed amendments…
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Blameless motor accidents: refusal of leave to re-argue Axiak
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Reopening decisions of the NSW Court of Appeal
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Class actions: principles relating to settlement
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Estoppel: "finality"
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Leave to appeal – principles
Gibson v Drumm [2016] NSWCA 206 There are no exhaustive or rigid rules of practice or criteria governing the grant of leave to appeal: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170. However,…
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Power to vary orders
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New South Wales v Briggs
in PoliceNSW v Briggs [2016] NSWCA 344 Held (allowing the appeal): (1) Breach of the duty of care owed by the State ofNew South Wales to police officers in relation to foreseeable risks of injuryarising from the course of service must…
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Contract: objective approach
in Contract -
Costs on discontinuation
in Costs -
NSW Court of Appeal: appeal books
In place of order (5) made on 5 July 2016 (but not entered) the Court makes the following order: (5) Order that the appellant’s solicitor – (a) not charge his client with more than 50% of the costs and disbursements associated with…
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Horse racing: dangerous recreational activity….for the jockey?
Goode v Angland [2016] NSWSC 1014 TORT – negligence – personal injury – jockey injured in fall from horse during country race meeting – whether defendant negligently caused or permitted his horse to take plaintiff’s running – whether plaintiff’s horse…
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Jubb v Insurance Australia Ltd: proper officer/delegate
Jubb v Insurance Australia Ltd [2016] NSWCA 153 31. As Meagher JA observed in Henderson v QBE Insurance (Australia) Ltd [2013] NSWCA 480; 66 MVR 69 (Henderson v QBE Insurance) at [81], cl 14.7 states a different requirement from s…
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Jubb v Insurance Australia Ltd: finality
Jubb v Insurance Australia Ltd [2016] NSWCA 153 Appellant’s reliance on common law analogies is misplaced … best balanced and resolved by the proper officer exercising a discretion rather than construing the word “additional” as though it incorporates the common…