Category: Appeal
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Oz standards not dispositive
Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369 NEGLIGENCE – liability of occupier – liability of landscape architect – patron injured as stepped into garden bed in Club car park – true depth of garden bed obscured by vegetation – primary judge found Club liable but architect not…
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Appeal from District Court on seperate determination of liability
Damjanovic v. Sharpe Hume & Co. (Services) Pty. Ltd, .Damjanofic v. York Agencies Pty. Ltd., Damjanovic v. Rosier & Ors, Damjanovic v. Z. Spehar, Damjanovic v. I. Spehar [2001] NSWCA 130 3 The question of fact which was determined giving rise to the dismissal of the proceedings was essentially whether a signature of the plaintiff on…
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Leave to appeal – principles
Gibson v Drumm [2016] NSWCA 206 There are no exhaustive or rigid rules of practice or criteria governing the grant of leave to appeal: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170. However, it has been consistently stated that leave should only be granted where there are substantial…
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NSW Court of Appeal: appeal books
In place of order (5) made on 5 July 2016 (but not entered) the Court makes the following order: (5) Order that the appellant’s solicitor – (a) not charge his client with more than 50% of the costs and disbursements associated with preparing the Blue appeal books; (b) to the extent that such costs or disbursements have already…