Cases & Resources

Preliminary discovery

APPEALS – civil procedure – preliminary discovery – Uniform Civil Procedure Rules 2005 (NSW), r 5.3(1) – where application dismissed for failure to satisfy the Court of entitlement to make a claim for relief – whether dismissal involved a determination of the merits of the claim at an interlocutory stage CIVIL PROCEDURE – preliminary discovery…

Police powers and duties: incoherence and incompatibility; Summary dismissal

CIVIL PROCEDURE – summary disposal – dismissal of proceedings – primary judge summarily dismissed proceedings on basis that defendant did not owe plaintiffs a duty of care – where weight of current authority against existence of duty of care – where argument available that common law should be extended to recognise duty of care –…

Solicitor's duties: retainer etc

TORTS — Negligence — Professional Negligence — Solicitor and Client — No formal retainer TORTS — Negligence — Professional Negligence — Solicitor and Client — No formal retainer — the plaintiff solicitor alleged that the defendant solicitor failed to advise the plaintiff about personal mortgages in various loan agreements — the plaintiff has not established…

Commercial claims in the District Court: jurisdiction?

Compulsory acquisition; statutory construction; vested rights

Roads and Maritime Services v Desane Properties Pty Ltd [2018] NSWCA 196

"Means and includes"

  Council of the Law Society of New South Wales v Bouzanis [2017] NSWCA 330 I turn now to the definition of “trust money” in s 243. The definition is of the not unfamiliar kind that begins with a broad statement (“means”) to which is added (“and includes”) additional items that may not otherwise be…

Vicissitudes and life expectancy

Section 13 of the Civil Liability Act 2002 (NSW) applies to damages for future economic loss both in respect of “future earning capacity” and “other events on which the award is to be based”. The latter category includes damages for future attendant care, lawn mowing, gardening and handyman services, and future medical expenses. Sub-section (2)…

Negligence – need to deal with each suggested precaution by reference to s. 5B(1)

NEGLIGENCE – occupier’s liability – customer trips and falls in appellant’s premises while entering a children’s play area – play area had raised shock-absorbent surface – primary judge found failure to warn and failure to make surface of play area level with remainder of premises were breaches of duty which caused the injury – findings…

Loss of commercial opportunity

CONTRACT – breach – solicitor’s retainer – failure to pursue proceedings against third party – loss of commercial opportunity of recovery – proceedings later successful – no recovery due to third party’s bankruptcy – whether solicitor’s breach caused loss of valuable opportunity – whether plaintiff entitled to damages – assessing damages for loss of valuable…

Appealing against the exercise of a judicial discretion

Elzahed v State of New South Wales [2018] NSWCA 103 When a court is invited to make a discretionary decision, to which many factors may be relevant, it is incumbent on the party who contends on appeal that attention was not given to particular matters to demonstrate that the primary judge’s attention was drawn to…

Tip fire: representative proceedings

TORTS – representative proceedings – negligence – plaintiff suffered injury through fire – determination of liability – no claim for pure economic loss – ignition of fire – origins – causation – spread or escape of fire – common law principles – existence and scope of duty of care – novelty of duty –salient features…

Direct action against insurer

[et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″] [et_pb_text admin_label=”Text”] Murphy, McCarthy & Associates Pty Limited v Zurich Australian Insurance Limited [2018] NSWSC 627  

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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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