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Professional liability, limitation periods and summary dismissal
(1) The respondent’s causes of action accrued once the impact of the settlement of the first WC claim became “known or apparent”. According to his pleaded and particularised case, that occurred on or around the date of his knee surgery in…
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The place of "error" in the appellate process
in AppealSTRINGER & OR v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (SA) PTY LTD [2017] SASCFC 138 A trial Judge has primary responsibility for factual adjudication. The Judge’s findings should not be disturbed unless good and sufficient reason to do so is…
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The ability to delegate the duty of care owed by an occupier
in Negligence[et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″] [et_pb_text admin_label=”Text”] STRINGER & OR v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (SA) PTY LTD [2017] SASCFC 138 Discharged a delegable duty (Ground 2) 2 The duty of an occupier in the circumstances of…
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Assumptions made by experts – proof of the truth of statements made and objections
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Ambulance law
Logar v Ambulance Service of New South Wales Sydney Region [2017] NSWCA 274 Schmidt J (Macfarlan JA and Emmett AJA agreeing) held that the primary judge did not err in failing to make a finding as to the actual speed…
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Motor accident v. work injury damages
in Recent casesSteven George Villanti v Coles Group Supply Chain Pty Limited; Steven George Villanti v All Staff Australia NSW Pty Ltd t/as Allstaff Australia [2017] NSWSC 1231 NEGLIGENCE – breach of duty – workplace accident – whether employer is vicariously liable…
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TPD – test for error in the insurer/trustee's decision
in InsuranceWhether the primary judge erred in his approach to the task of the Court in reviewing the Insurer’s opinion that Mr Jones was not Totally and Permanently Disable.
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Leave to appeal
in Appeal -
"after consideration of medical evidence satisfactory to us"
NSURANCE – disability policy – totally and permanently disabled – insurer’s opinion – not unreasonable INSURANCE – disability policy – insurer not an employment agency – no obligation to obtain labour market analysis
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Construing exclusions in an insurance contract
The policy should be read on the assumption that the exclusions removed claims that would otherwise be within cover. Accordingly, the claim by the trustee against one of the named insured was brought by a “third party” within the insuring…
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Valuation evidence: the requirements for admissibility
in Evidence -
Abuse of process
CGU Insurance Ltd v Watson [2007] NSWCA 301 at [40]: The Supreme Court has an inherent jurisdiction to prevent abuse of its procedures, and may stay or dismiss proceedings the bringing or continuance of which is an abuse of process.…
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Construing statutes: grossly unfair, perverse and anomalous – not relevant
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Legislative mistakes
Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 A definition using the term “means” is generally to be understood as exhaustively defined by what follows. Because the definition of “sentence” has 11 paragraphs, which include many…
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What is an "order"
Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 In written submissions, the respondent relied squarely upon the judgment of this Court in Director of Public Prosecutions (NSW) v Roslyndale Shipping Pty Ltd. [1] The respondent referred in…
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Causation in equity
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Magna carta: did she die in vain?
Application of Adrian Ashley of the House of Cooper [2017] NSWSC 533 [25] Unsurprisingly, the petitioner concluded his submissions by citing Magna Carta (version not identified).
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Road authority
Wells v Council of the City of Orange (No 2) [2017] NSWSC 510 TORTS – negligence – motor vehicle accident – motorcycle colliding with water-filled barrier at night – duty of care – breach of duty – standard of liability…
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Behaviour at mediation attracting a costs order
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