Category: Recent cases
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Psychiatric harm and reasonable foreseeability
Secretary Department of Communities and Justice v Soulos [2026] NSWCA 185 The respondent was a caseworker employed by the appellant, the Department of Communities and Justice (the DCJ). In 2017, a 14-year-old boy (YP) came under the respondent’s responsibility. In May 2019, a one of the respondent’s managers informed the respondent that YP had died by an accidental overdose. The respondent was…
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Denial of procedural fairness
The primary judge’s conclusions as to the cause of Mr Kedwell’s injury were arrived at through his own analysis. They were not based on any expert evidence and were not reflective of any submission made to him. If that was the basis on which he was going to reject Mr Kedwell’s case that he suffered an injury…
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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…
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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
in Recent casesADMINISTRATIVE 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
in Recent casesIAG Limited trading as NRMA Insurance v Lucic [2019] NSWSC 620
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Appeal – error?
in Recent casesElskaf 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…