This site consists of case excerpts, journal articles and reference sources which have been of relevance to me over my practice as a barrister
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Mendez v Trustees of the Roman Catholic Church for the Diocese of Parramatta [2026] NSWSC 873 The applicable principles which inform my deliberation were considered by Wilson J in TS v The State of New South Wales [2021] NSWSC 1649…
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Electric Power Transmission Pty Ltd v Cuiuli
in Negligence(1961) 104 CLR 177 Kitto J: When I am asked to hold that a jury may reasonably think it negligent of an employer not to give a grown man instructions in looking after himself while cutting pieces of bush timber…
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Azzopardi v Tasman UEB Industries Ltd
in AppealAzzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Workers' Compensation — Appeals — Jurisdiction of Court of Appeal — Distinction between appeal on question of fact or of law — Whether primary finding of fact can amount to…
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Ward v Endeavour Coal Pty Ltd
in NegligenceWard v Endeavour Coal Pty Limited [2026] NSWSC 557 NEGLIGENCE – workplace accident in coal mine – plaintiff travelling in front passenger seat of specialised mining vehicle – driver of vehicle a labour hire worker – plaintiff an employee of…
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State of New South Wales (Sydney Local Health District) v BNV
in AppealState of New South Wales (Sydney Local Health District) v BNV [2026] NSWCA 77 Grounds of appeal and the requirement to identify “points of law” [26] An appeal under s 353(1) of the WIMWC Act must be conducted by reference…
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Zickar v MGH: repetition of a judicially construed provision
Zickar v MGH 187 CLR 310 @329 In R v Reynhoudt (94) Dixon CJ said: "[T]he view that in modern legislation the repetition of a provision which has been dealt with by the courts means that a judicial interpretation has…
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Carretero v Ioannidis (No 3)
in GeneralCarretero v Ioannidis (No 3) [2026] NSWCA 71 (2) The House v The King standard of appellate review is applicable as regards an assessment of non-economic loss as it would be wholly artificial to describe the exercise as one in…
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The Owners – Strata Plan No 31337 v Balacco
in Obvious RiskThe Owners – Strata Plan No 31337 v Balacco [2026] NSWCA 50 [42] Ground 2 of the appeal challenged the finding of the primary judge that the unpainted speed hump did not give rise to an obvious risk. The appellant’s…
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State Rail Authority v Earthline Constructions: the trial judge’s advantage
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) [1999] HCA 3; (1999) 73 ALJR 306 Kirby J @ [90] The true advantages in fact-finding which the trial judge enjoys include the fact that the…