Oct 3, 2018 | Duty of Care, Negligence, Practice & Procedure, Recent cases
CIVIL PROCEDURE – summary disposal – dismissal of proceedings – primary judge summarily dismissed proceedings on basis that defendant did not owe plaintiffs a duty of care – where weight of current authority against existence of duty of care – where argument available...
Oct 2, 2018 | Legal Profession, Negligence
TORTS — Negligence — Professional Negligence — Solicitor and Client — No formal retainer TORTS — Negligence — Professional Negligence — Solicitor and Client — No formal retainer — the plaintiff solicitor alleged that the defendant solicitor failed to advise the...
Mar 27, 2018 | Duty of Care, Negligence
Strategic Formwork Pty Ltd v Hitchen [2018] NSWCA 54 The Court (Basten JA, Sackville AJA and Simpson JA) allowed the appeal on damages in part but otherwise dismissed the appeal; by majority the Court (Basten JA and Sackville AJA, Simpson JA dissenting) dismissed the...
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...
Feb 18, 2018 | Causation, Damages - General Principles, Damages - Personal Injury, Negligence, Torts
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...
Dec 11, 2017 | Negligence, Statutory Construction
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). South West Helicopters Pty Ltd v Stephenson [2017] NSWCA...
