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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AEW v BW [2016] NSWSC 905 https://www.caselaw.nsw.gov.au/decision/57735757e4b058596cb9cdf4 21 The general law does not prescribe a fixed standard of “capacity” for the transaction of business; the level of capacity required depends on the particular business to be transacted, and the…
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"not insignificant"
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Duty and foreseeability
in Negligence -
Jones v Dunkel
S S Pharmaceuticals v Qantas [1991] 1 Lloyd’s Rep 288 at 293, Gleeson CJ and Handley JA said: Where the inference of greater fault is open on the evidence we see no difficulty in drawing that more adverse inference where…
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The unreliability of evidence in chief adduced in written form
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Costs where no determination on the merits
in Costs -
The need for articulation of a duty, at a high level of generality, before examining breach
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Issue estoppel, res judicata and abuse of process
in Recent casesJener 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…
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The "face of the record"
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Uncalled for written submissions after a hearing