Cases & Resources

Causation: trade practices

TRADE PRACTICES – misleading and deceptive conduct under Trade Practices Act 1974 (Cth) – causation – whether legal causation established – dependent on purpose of statute as related to the circumstances of the particular case

Non-delegability

Negligence Duty of care Local education authority Claimant school pupil injured during school-arranged swimming lesson organised and provided on-site by independent contractor Swimming teacher and lifeguard employed by independent contractor Claimant bringing personal injury claim Whether local education authority liable for negligence of independent contractor Whether owing non-delegable duty to secure that reasonable care taken…

Obvious risk

TORTS – negligence – duty of care – public authority –breach of duty – where plaintiff cyclist seriously injured when she fell over low guard rails of wooden bridge after the front wheel of her bicycle became stuck in a gap between the planks of the bridge – whether primary judge correctly identified risk of harm for the purposes of s 5B, Civil Liability Act 2002 (NSW)…

Risk warning: “the general nature of the particular risk”

TORTS – negligence – where appellant injured jumping off 10 metre diving platform – whether occupier of pool owed duty of care to supervise and instruct individuals using platform – whether primary judge erred in finding as to instruction given – whether warning of risk of injury in using platform was given in accordance with…

Civil Liability Act: Wednesbury unreasonableness (s43A – NSW)

TORTS – negligence – public and other authorities – whether the appellant was immune from statutory liability in the exercise of a special statutory power

Administrative review

ADMINISTRATIVE LAW – judicial review – medical review panel – assessment of degree of permanent impairment under the Motor Accidents Compensation Act 1999 (NSW) – failure to take into account relevant considerations – whether the failure to refer to particular evidence can constitute failure to take into account relevant considerations – failure to accord procedural…

Issue estoppel

Estoppel – Issue estoppel – Appellant employed at abattoir operated by respondent – Appellant subsequently employed by third party providing labour services to respondent – Appellant complained to Fair Work Ombudsman that entitlements not paid upon termination of employment – Fair Work Ombudsman commenced proceedings in Federal Court of Australia against respondent – Federal Court…

Liability of hotelier

NEGLIGENCE – hotel patron assaulted across road from licensed premises by employee of hotel – employee not a security guard – evidence unclear as to whether assailant crossed road to intervene in dispute involving patron – non-intervention by employees of hotel and employees of security company – whether evidence sufficient to establish breach of duty

Administrative review

ADMINISTRATIVE LAW – judicial review – decision of the proper officer of the Motor Accidents Authority to dismiss an application for review of a medical assessment pursuant to s 63 of the Motor Accidents Compensation Act 1999 (NSW) – whether reasonable cause to suspect that medical assessment was incorrect in a material respect – whether…

Duty of care to a rescuer

EVIDENCE – admissibility and relevance – expert opinion – expert conceded lack of expertise in specific field – report admitted “provisionally” – whether the report rejected and then improperly relied on by the trial judge NEGLIGENCE – breach of duty – rescuer injured – respondent provided an enclosed playground area at its premises – respondent…

Personal injuries damages – appeal

DAMAGES – personal injury – non-economic loss – whether the primary judge made a wholly erroneous estimate of the damages suffered – use of earlier decisions of courts for the purpose of establishing an appropriate award – Civil Liability Act 2002 (NSW), s 17A DAMAGES – personal injury – past and future economic loss –…

Guardianship

GUARDIANSHIP – Person under guardianship – Suitability of guardian – Undue conflict of interest – Guardianship outside Australia Appeal to the Supreme Court (pursuant to clauses 12(1)(b) and 14 of schedule 6 to the Civil and Administrative Tribunal Act 2013 NSW) against guardianship orders made by the Guardianship Division of the NSW Civil and Administrative…

Search

About Me

I was admitted to the bar in 1991.  I took silk in 2009.  Before that I was a solicitor and before that a paralegal.

I try to do work in any area I am offered, but I will not appear or work without an instructing solicitor.

Categories

Tags

Social Media

Subscribe to the weekly newsletter

  • This field is for validation purposes and should be left unchanged.