Category: Civil Liability Act
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Mendez v Trustees of the Roman Catholic Church for the Diocese of Parramatta
Mendez v Trustees of the Roman Catholic Church for the Diocese of Parramatta [2026] NSWSC 873 The applicable principles which inform my deliberation were considered by Wilson J in TS v The State of New South Wales [2021] NSWSC 1649 (TS). At [11]–[12], her Honour noted as follows:“[11] Thus, there are two statutory pre-requisites to…
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Intoxication and propellers
At around 2:30pm on 25 January 2020, a hat belonging to one of the members of the group was “unexpectedly blown into the water by strong winds”. Mr Liccardy dived into the water while the boat was moving to retrieve it. Mr Allred manoeuvred the boat and circled back to Mr Liccardy in such a…
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Single bollard on shared pedestrian & bike path
Ballina Shire Council v Moore [2023] NSWCA 155 Full text In deciding whether the precaution of removing the bollard should have been taken, the trial judge relied on a statement in a safety audit report that one bollard “is unlikely to slow cyclists” and rejected the evidence of the Council’s engineer that the bollard was…
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AMP General Insurance Ltd. v. Kull & Anor: undeclared income
AMP General Insurance Ltd. v. Kull & Anor. [2005] NSWCA 442 69 Mr. Russell submitted there was a number of errors in the judgment of the primary judge concerning economic loss. The income declared in the tax returns was $4,000.00, not $8,000.00. The other income totalled $30,000.00 or $32,000.00, not $35,000.00. The primary judge did…
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Dwight v Bouchier & Ors: undeclared income
Dwight v Bouchier & Ors [2003] NSWCA 3 51 His Honour’s approach in accepting the reality of the business is consistent with that of the High Court in Husher v Husher (1999) 197 CLR 138 at 147 – 149 regarding the assessment of lost earning capacity. In the joint judgment the following was said: 52…
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Dyldam Developments Pty Limited v Jones: economic loss
Dyldam Developments Pty Limited v Jones [2008] NSWCA 56 https://www.caselaw.nsw.gov.au/decision/549fe4d83004262463c29252 65 Mr King SC for Bricklaying submitted that the primary judge made errors in the calculation of economic loss. He submitted that, having regard to the income tax returns that were produced and the wages actually received prior to 20 February 2003, there was no…
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Matar v Jones: undeclared income
Matar v Jones [2011] NSWCA 304 15 … The overwhelming probabilities are in my view that, as he indicated when he gave evidence for the second time, the appellant did not disclose the lease payments for income tax purposes. 16 This is to the appellant's discredit but does not preclude him from recovering damages upon…
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Wollongong City Council v Williams [2021] NSWCA 140
TORTS — Negligence — Appellant injured as a result of falling on the first step on a stepped path in a park — Whether the primary judge erred in finding that the appellant had breached the duty of care which it owed to the respondent — Primary judge found the respondent to be a witness…
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Obvious risk: framing the relevant risk
Cox v Mid-Coast Council [2021] NSWCA 190 It was not appropriate specificallyto identify the Ferris wheel in the characterisation of the risk of harm: at [1] (Meagher JA); [41]-[42] (Payne JA); [85] (Emmett AJA). Although the risk of harm must be identified with sufficient specificity to capture the harm which resulted from its materialisation on the facts of…
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Obviousness & contributory negligence
Wollongong City Council v Williams [2021] NSWCA 140 TORTS — Negligence — Appellant injured as a result of falling on the first step on a stepped path in a park — Whether the primary judge erred in finding that the appellant had breached the duty of care which it owed to the respondent — Primary…