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Appeals are against orders not reasons

Reviewing factual findings on appeal

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Stay of execution of judgment pending appeal

The "Ferrcom inference": what it is and is not

Fact finding and the effect of a lie

Schultz v McCormack [2015] NSWCA 330

Negligent home owner

Schultz v McCormack [2015] NSWCA 330 The appellant, Sheran Ann Schultz, was injured when she slipped and fell on a tiled floor, which was, in effect, the top step of the verandah of the home of the respondents, Norman McCormack and Cathryn McCormack. The accident took place at about midnight. The surface of the verandah…

Public pool – swimmer in training: no negligence in council

Uniting Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council [2015] NSWCA 320 NEGLIGENCE – school student injured while training in Council pool – pupil directed by swimming coach employed by School to dive into shallow end of pool – pupil slipped and suffered serious injury – whether Council liable to…

Council not negligent for allowing diving into shallow end of pool

Miller v Lithgow City Council [2014] NSWSC 1579 Negligence – school and pupil – council pool sporting activity – swimming  

Appellate principles concerning challenges to apportionment; Contract; Indemnity

Bitupave Ltd t/as Boral Asphalt v Pillinger [2015] NSWCA 298 Held dismissing the appeal, dismissing the second respondent’s cross-appeal and allowing the first respondent’s cross-appeal: The primary judge did not err in finding that the risk of harm was one of which both Boral and the Council knew or ought to have known (Ward JA…

Damage: the gist of the action

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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.

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