Administrative review: re-assessment of medical certificate in MACA context
ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessment review panel – Panel not advised by Authority of appellant’s objection to assessment without re-examination – appellant not re-examined – whether constructive failure to exercise statutory function ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of…
Pre-existing medical conditions, aggravation and the burden of proof
TORTS – negligence – apportionment of responsibility and damages – medical negligence – whether pre-existing condition was progressively deteriorating – whether causation was established – whether assessment of damages could be challenged – challenges to findings of fact and damages dismissed
EVIDENCE – whether respondent had made admission as to appellants’ right to immediate possession – probative value of admission made– whether inference should be drawn from respondent’s failure to give evidence at trial
Recovery of compensation payments
The question to be determined by the Court was whether Parkes Shire Council was able to recover payments of workers’ compensation from South West under s 151Z of the Workers Compensation Act 1987 (NSW).
"Dangerous recreational activity" is not confined to non-professional sports
The appellant was a professional jockey who suffered serious injuries when his horse fell in a race at Queanbeyan Racecourse. The respondent, also a professional jockey, was riding in the same race. The appellant claimed that his injuries, loss and damage were caused by the respondent’s negligence or breach of duty by riding in such…
ADMINISTRATIVE LAW – judicial review – reviewable decisions and conduct – motor accident – proper construction of s 63 of the Motor Accidents Compensation Act 1999 (NSW) and the Medical Assessment and Permanent Impairment Guidelines – whether review panel conducted its new assessment in accordance with requirements of s 63 and the applicable Guidelines –…
Professional liability, limitation periods and summary dismissal
(1) The respondent’s causes of action accrued once the impact of the settlement of the first WC claim became “known or apparent”. According to his pleaded and particularised case, that occurred on or around the date of his knee surgery in November 2007, at which time he suffered measurable damage for the purposes of both his…
The place of "error" in the appellate process
STRINGER & OR v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (SA) PTY LTD  SASCFC 138 A trial Judge has primary responsibility for factual adjudication. The Judge’s findings should not be disturbed unless good and sufficient reason to do so is positively established by the plaintiff. In Fox v Percy, the plurality, after referring to Warren…
The ability to delegate the duty of care owed by an occupier
[et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″] [et_pb_text admin_label=”Text”] STRINGER & OR v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (SA) PTY LTD  SASCFC 138 Discharged a delegable duty (Ground 2) 2 The duty of an occupier in the circumstances of the respondent may be discharged by the exercise of reasonable care and skill in engaging…
Assumptions made by experts – proof of the truth of statements made and objections
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Logar v Ambulance Service of New South Wales Sydney Region  NSWCA 274 Schmidt J (Macfarlan JA and Emmett AJA agreeing) held that the primary judge did not err in failing to make a finding as to the actual speed at which the ambulance proceeded through the intersection. Nor did the primary judge err in…
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.