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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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Motor accident v. work injury damages

By robert / October 6, 2017 /

Steven George Villanti v Coles Group Supply Chain Pty Limited; Steven George Villanti v All Staff Australia NSW Pty Ltd t/as Allstaff Australia [2017] NSWSC 1231 NEGLIGENCE – breach of duty – workplace accident – whether employer is vicariously liable for driver – contributory negligence of driver – whether motor vehicle owner is negligent under…

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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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Oz standards not dispositive

By robert / December 21, 2016 /

Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369 NEGLIGENCE – liability of occupier – liability of landscape architect – patron injured as stepped into garden bed in Club car park – true depth of garden bed obscured by vegetation – primary judge found Club liable but architect not…

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Administrative law: The role of a medical assessor

By robert / December 20, 2016 /

AAI Limited v State Insurance Regulatory Authority of New South Wales (formerly the Motor Accidents Authority of New South Wales) [2016] NSWCA 368 On its proper construction the MAC Act does not require a medical assessor to make a determination as to what elements of an incident involving a motor vehicle during which a person…

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Workers compensation insurer entitled to recover payments from a blameless motor accident insurer

By robert / December 5, 2016 /

State of NSW v Wenham [2016] NSWCA 336 The appellant was the employer of Ms Goddard. Ms Goddard was driving behind a truck driven by the first respondent and owned by the second respondent. A wheel assembly disconnected from the truck, collided with the vehicle Ms Goddard was driving, and caused her injury. The respondents…

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Rider cannot sue owner for "blameless motor accident"

By robert / August 31, 2016 /
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By robert / August 29, 2016 /

PLEADINGS – amendment of pleadings – whether proposed amendments raise new issues – where defendants in possession of plaintiff’s expert obstetric opinion since April 2015 raising the issues now sought to be particularised – whether defendants prejudiced by proposed amendments Rae by his tutor Rae v South Western Sydney Local Health Network [2016] NSWSC 1176…

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Onus of proof

By Robert Sheldon / July 5, 2016 /

  Keith v Gal [2016] NSWCA 152   1.   In 2001, the appellant, Mr Clifford Keith, was injured when the vehicle he was driving collided with the rear of a tow truck driven by the respondent, Mr Adrian Gal, which pulled abruptly into the lane in which Mr Keith was driving. Prior to the accident, the appellant…

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