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Cases & Resources

TPD – a primer

Sandstrom v FSS Trustee Corporation & Anor [2020] NSWSC 200 Applicable Legal Principles – Duties and Procedures of Decision-Makers Slattery J The law defining the scope of the duties of decision-makers dealing with claims by members of superannuation funds for whom the trustee has obtained TPD insurance cover is well established. That law and the…

State of mind and implied waiver of client legal privilege

when is a party’s state of mind sufficiently in issue for legal advice potentially informing that state of mind to be disclosable as having lost privilege by implied waiver

Discoverability: limitation of actions

Best v Rosamond [2020] NSWCA 90 http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA//2020/90.html 32 The primary judge held that even if his Honour were to believe the appellant’s evidence that he began to struggle from the emotional impact of the assault only later, in October 2015, this did not address the critical question: “[35] … But for reasons I have referred…

Horses, consumer law, dangerous recreational activities

Menz v Wagga Wagga Show Society Inc [2020] NSWCA 65  Leeming JA: The claim under the Australian Consumer Law At [94]-[104], the primary judge rejected the allegations for contravention of s 60 of the Australian Consumer Law, which provides that: “If a person supplies, in trade or commerce, services to a consumer, there is a…

“Class actions” – some ground rules

Haselhurst v Toyota Motor Corporation Australia Ltd t/as Toyota Australia; Whisson v Subaru (Aust) Pty Ltd; Kularathne v Honda Australia Pty Ltd; Brewster v BMW Australia Ltd; Bond v Nissan Motor Co (Australia) Pty Ltd; Coates v Mazda Australia Pty Ltd; Dwyer v Volkswagen Group Australia Pty Ltd t/as Volkswagen Australia [2020] NSWCA 66 (22…

Building site Head contractor: liability to and for the employees of others

Hallmark Construction Pty Ltd v Brett Harford; Copeland Building Services Pty Ltd v Hallmark Construction Pty Ltd; Hallmark Construction Pty Ltd v Harford Transport Pty Ltd [2020] NSWCA 41 On 24 May 2013, before dawn, Brett Harford was delivering supplies to a building site in Homebush West. On arrival, the builder’s supervisor, Mr Isaia, directed him…

Appeals on apportionment

[77] … As Meagher JA explained in Smith v Zhang [2012] NSWCA 142;  (2012) 60 MVR 525: “[21] Because the task of apportioning responsibility involves the weighing of a number of considerations and the making of judgments about which minds might reasonably differ, it is well established that appellate courts should not interfere in the absence of some…

What do you know?

Pomare v Whyte [2019] NSWCA 317 On 18 April 2012 the appellant, Mr Kereopa Pomare, was travelling in a prime mover on the Silver City Highway west of Wentworth. The prime mover was travelling approximately 100 km per hour and collided with an Angus bull, causing the prime mover to overturn and Mr Pomare was…

You can’t unring a bell but you can un-know a fact

Murgolo v AAI Ltd t/as AAMI [2019] NSWCA 295 In 2012 Mr Murgolo was a sub-contractor working on a building site at Miranda Public School. On 19 January 2012, Mr Murgolo was injured when two workers were allegedly negligent in failing to secure an acrow prop, which fell and caused an injury to Mr Murgolo’s…

Double insurance + other insurance clause

Allianz Australia Insurance Ltd v Certain Underwriters at Lloyd’s of London Subscribing to Policy Number B105809GCOM0430 [2019] NSWCA 271 3. The approach to the question raised in the present case was set out by Payne JA in Lambert Leasing Inc v QBE Insurance (Australia) Ltd (2016) 93 NSWLR 166; [2016] NSWCA 254 at [178], namely, that each policy…

S 318 Workplace Injury Management Act – “materially different”: particulars of negligence and foreseeability

Sohailee v City Projects & Developments Pty Ltd [2019] NSWSC 1452 22 The purpose of s 318 of the Workplace Injury Act must be to ensure that claimants and employers properly participate in the pre-filing process required by the Act; that is, the claimant is required to put the defendant on notice of the particulars…

Administrative law: what a medical panel knows

ADMINISTRATIVE LAW – claim under Motor Accidents Compensation Act 1999 (NSW) following motor accident – assessment by medical review panel of degree of permanent impairment – application for judicial review – whether error of law on the face of the record – whether jurisdictional error – no error of law on the face of the…

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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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