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Civil Liability Act

Peer professional opinion in practice

By robert / March 11, 2018 /

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 Hunter & New England Local Health District [2013] NSWCA 476; (2013) Aust…

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"Dangerous recreational activity" is not confined to non-professional sports

By robert / December 7, 2017 /

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…

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Road authority

By robert / May 3, 2017 /

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 unreasonable – expert evidence – whether failure to comply…

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The proper approach to duty, risk and breach under the Civil Liability Act, 2002

By robert / April 25, 2017 /
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Compensation to relatives act: apportionable claim?

By robert / April 7, 2017 /


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Mental harm and corporate knowledge

By robert / February 21, 2017 /
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Manifest unreasonableness: s. 43A CLA; s. 45 CLA

By robert / February 2, 2017 /

On 1 January 2010, the appellant, John Douglas Mansfield, drove his fully laden water truck along the single lane track of Greens Crossing Road, just south of Stroud. On crossing over a culvert, the left hand side of the bank gave way, resulting in his truck rolling over into the water course injuring him. The…

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Dangerous recreational activity – inherent risk

By robert / January 27, 2017 /

Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219   On 21 May 2011 the appellant was injured while riding a quad bike at the respondents’ recreational facility at Glenworth Valley in New South Wales. The appellant claimed that the respondents were liable to her in tort for their negligence in conducting the…

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Contributory negligence under the CLA

By robert / December 8, 2016 /

Accordingly, the existence and extent of a claimant’s contributory negligence is to be assessed by reference to the risk of harm which is the subject of his or her claim for damages, and the precautions that a reasonable person in the claimant’s position would have taken against that risk: Gordon v Truong (2014) 66 MVR 241; [2014]…

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Domestic assistance, need, pets and hobbies

By robert / November 3, 2016 /

Teuma and Anor v C P and P K Judd Pty Ltd [2007] NSWCA 166 [48] Mr Harben relied on Geaghan v D’Aubert (2002) 36 MVR 542 where Stein JA (with whom Handley JA and Foster AJA agreed) held that Griffiths v Kerkemeyer (1977) 139 CLR 161 services did not include the provision of care to an injured person’s pets or a hobby: see at…

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