Jul 3, 2018 | Civil Liability Act
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...
Mar 11, 2018 | Civil Liability Act, Negligence
NEGLIGENCE — Medical negligence — Peer professional opinion — Civil Liability Act 2002 (NSW) s 5O — Whether necessary that at the time of the alleged negligence there was an established practice which was widely accepted as competent medical practice — McKenna v...
Dec 7, 2017 | Civil Liability Act
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...
May 3, 2017 | Civil Liability Act, Negligence, Recent cases
Wells v Council of the City of Orange (No 2) [2017] NSWSC 510 TORTS – negligence – motor vehicle accident – motorcycle colliding with water-filled barrier at night – duty of care – breach of duty – standard of liability – whether using water-filled barrier manifestly...
Apr 25, 2017 | Civil Liability Act, Motor Accidents, Negligence
Fairall v Hobbs [2017] NSWCA 82 In Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420; [2009] HCA 48 at [11] it was emphasised by the plurality that it was of the “first importance” to identify the proper starting point, which, both in that appeal and here,...
Apr 7, 2017 | Civil Liability Act, Damages - Personal Injury
Shinwari v Anjoul by her tutor Therese Anjoul [2017] NSWCA 74 Section 34(1)(a) in Pt 4 of the Civil Liability Act 2002 (NSW) (Liability Act) defined an “apportionable claim” as “a claim for economic loss or damage to property in an action for damages (whether...
