Azzopardi v Tasman UEB Industries Ltd
in Appeal
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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Azzopardi 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…
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Onassis v Vergottis: the fading of memory
Onassis v Vergottis [1968] 2 Lloyd's Rep 403 It is a truism, often used in accident cases, that with every day that passes the memory becomes fainter and the imagination becomes more active. For that reason a witness, however honest,…
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McLean v Tedman
in GeneralMcLean v Tedman (1984) 155 CLR 306 If there is a foreseeable risk of injury (313) arising from the employee's negligence in carrying out his dutiesthen this is a factor which the employer must take into account.That this is so…