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Slip and fall on public boat ramp

By robertsheldon / August 30, 2020 / Comments Off on Slip and fall on public boat ramp

Bowman v Nambucca Shire Council [2020] NSWSC 1121 The plaintiff brought negligence proceedings against Nambucca Shire Council relating to a slip and fall occurring on 22 February 2015 on the Scotts Head Marine Boat Ramp at Forster Beach, Scotts Head. The defendant had the care, control and management of a boat ramp. The boat ramp was constructed with the…

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Administrative law: what a medical panel knows

By robertsheldon / October 14, 2019 / Comments Off on Administrative law: what a medical panel knows

ADMINISTRATIVE LAW – claim under Motor Accidents Compensation Act 1999 (NSW) following motor accident – assessment by medical review panel of degree of permanent impairment – application for judicial review – whether error of law on the face of the record – whether jurisdictional error – no error of law on the face of the…

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Administrative law: obligation to give reasons

By robertsheldon / September 18, 2019 / Comments Off on Administrative law: obligation to give reasons

ADMINISTRATIVE LAW – application for judicial review of decision of Medical Review Panel – decision favourable to claimant with regard to assessment of whole person impairment – whether Panel failed adequately to engage with question of whether a particular injury was caused by a motor vehicle accident – whether the Panel failed to engage with…

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Issue estoppel, res judicata and abuse of process with a twist of s. 151Z of the Workers Compensation Act, 1987

By robertsheldon / May 29, 2019 / Comments Off on Issue estoppel, res judicata and abuse of process with a twist of s. 151Z of the Workers Compensation Act, 1987

IAG Limited trading as NRMA Insurance v Lucic [2019] NSWSC 620

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Appeal – error?

By robertsheldon / February 21, 2019 /

Elskaf v GIO General Limited [2019] NSWCA 23 Appeal from a decision of the District Court. The primary Judge (Wass SC DCJ) dismissed the appellant’s claim against the respondent (GIO) under a Motor Vehicle Insurance Policy (Policy) for the agreed value of a Ferrari 360 Modena vehicle (Vehicle). [1] The appellant’s case was that the Vehicle was…

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Aeroplane colliding with kangaroo on rural landing field

By robertsheldon / December 13, 2018 /
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Police powers and duties: incoherence and incompatibility; Summary dismissal

By robert / October 3, 2018 /

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 that common law should be extended to recognise duty of care –…

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Tip fire: representative proceedings

By robert / May 23, 2018 /

TORTS – representative proceedings – negligence – plaintiff suffered injury through fire – determination of liability – no claim for pure economic loss – ignition of fire – origins – causation – spread or escape of fire – common law principles – existence and scope of duty of care – novelty of duty –salient features…

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Administrative law

By robert / December 6, 2017 /

ADMINISTRATIVE LAW – judicial review – reviewable decisions and conduct – motor accident – proper construction of s 63 of the Motor Accidents Compensation Act 1999 (NSW) and the Medical Assessment and Permanent Impairment Guidelines – whether review panel conducted its new assessment in accordance with requirements of s 63 and the applicable Guidelines –…

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Ambulance law

By robert / October 24, 2017 /

Logar v Ambulance Service of New South Wales Sydney Region [2017] NSWCA 274 Schmidt J (Macfarlan JA and Emmett AJA agreeing) held that the primary judge did not err in failing to make a finding as to the actual speed at which the ambulance proceeded through the intersection. Nor did the primary judge err in…

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