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Cases & Resources

Grappling with competing evidence

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

Statutory construction and the rule against double compensation

STATUTORY INTERPRETATION – application of general law principles to statutory compensation scheme – construing two statutes of the same legislature conformably – whether provisions of one statute picked up by second statute WORKERS’ COMPENSATION – dust diseases – whether qualified claimant entitled to payment of benefit – whether Dust Diseases Board entitled to refuse claim…

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…

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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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