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Administrative Law

By Robert Sheldon / May 17, 2016 /

Ali v AAI Limited [2016] NSWCA 110 ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessor – scope of statutory duty to give reasons – extent of reference to large volume of material supplied by parties – relevant consideration – obligation to consider matters identified by statute –…

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Medical negligence

By Robert Sheldon / May 17, 2016 /

  Kwong v Abdulwahab [2016] NSWCA 107 APPEAL – civil – whether primary judge erred in findings of fact – challenge to findings of fact without foundation – findings of fact supported by evidence – no material errors made DAMAGES – negligent medical treatment – injury to plaintiff’s right hand – liability admitted – past…

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Duty of development consent authority

By Robert Sheldon / March 22, 2016 / Comments Off on Duty of development consent authority

Bankstown City Council v Zraika; Roads and Maritime Services v Zraika [2016] NSWCA 51   LOCAL GOVERNMENT – development consent – function of determining applications for development consent – whether local council as planning authority owed duty of care – nature of regulatory function for the purposes of Civil Liability Act 2002 (NSW) s 44…

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Issue estoppel, res judicata and abuse of process

By Robert Sheldon / March 11, 2016 / Comments Off on Issue estoppel, res judicata and abuse of process

  Jener Daluz v John McMahon [2016] NSWSC 202 Application for summary dismissal of medical negligence proceedings relating to treatment of injuries said to have been sustained by the plaintiff in a motor vehicle accident – settlement of separate proceedings relating to the accident itself – whether consent judgment in those proceedings concluded the issue…

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Blameless motor accident

By Robert Sheldon / December 6, 2015 / Comments Off on Blameless motor accident

TORTS – motor accident compensation – blameless accident – kangaroo collides with motor cycle in the outback – only in Australia – statutory interpretation – whether driver can claim under no fault scheme – whether injuries occasioned by a “blameless motor accident” – whether plaintiff’s act or omission caused the accident – statutory modification to…

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Negligent home owner

By Robert Sheldon / October 23, 2015 / Comments Off on Negligent home owner

Schultz v McCormack [2015] NSWCA 330 The appellant, Sheran Ann Schultz, was injured when she slipped and fell on a tiled floor, which was, in effect, the top step of the verandah of the home of the respondents, Norman McCormack and Cathryn McCormack. The accident took place at about midnight. The surface of the verandah…

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Public pool – swimmer in training: no negligence in council

By Robert Sheldon / October 15, 2015 / Comments Off on Public pool – swimmer in training: no negligence in council

Uniting Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council [2015] NSWCA 320 NEGLIGENCE – school student injured while training in Council pool – pupil directed by swimming coach employed by School to dive into shallow end of pool – pupil slipped and suffered serious injury – whether Council liable to…

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Council not negligent for allowing diving into shallow end of pool

By Robert Sheldon / October 15, 2015 / Comments Off on Council not negligent for allowing diving into shallow end of pool

Miller v Lithgow City Council [2014] NSWSC 1579 Negligence – school and pupil – council pool sporting activity – swimming  

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Appellate principles concerning challenges to apportionment; Contract; Indemnity

By Robert Sheldon / October 8, 2015 / Comments Off on Appellate principles concerning challenges to apportionment; Contract; Indemnity

Bitupave Ltd t/as Boral Asphalt v Pillinger [2015] NSWCA 298 Held dismissing the appeal, dismissing the second respondent’s cross-appeal and allowing the first respondent’s cross-appeal: The primary judge did not err in finding that the risk of harm was one of which both Boral and the Council knew or ought to have known (Ward JA…

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Obvious risk

By Robert Sheldon / September 3, 2015 / Comments Off on Obvious risk

TORTS – negligence – duty of care – public authority –breach of duty – where plaintiff cyclist seriously injured when she fell over low guard rails of wooden bridge after the front wheel of her bicycle became stuck in a gap between the planks of the bridge – whether primary judge correctly identified risk of harm for the purposes of s 5B, Civil Liability Act 2002 (NSW)…

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