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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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…
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Roche Mining Pty Ltd v Jeffs
in GeneralRoche Mining Pty Ltd v Graeme Wayne Jeffs [2011] NSWCA 184 [77] As to Roche’s contention that the respondent’s experience, training or the obviousness of the risk militated against precautions (other than those in place) being taken, I agree with…
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Parsons v JJ Richards and Sons Pty Ltd
in NegligenceParsons v JJ Richards and Sons Pty Ltd [2008] NSWCA 331 Beazley JA [3] In Czatyrko v Edith Cowan University [2005] HCA 14 ; (2005) 214 ALR 349 the High Court reiterated the well-known principles governing an employer’s duty of…
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Nominal Defendant v Livaja: injury, impairment and incapacity
Nominal Defendant v Livaja [2011] NSWCA 121 [65] There are distinctions to be drawn between injury and impairment or disability consequent upon injury, and between impairment or disability and diminished earning capacity. Because an individual has a physical and mental…
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Pleading an established duty of care
in Duty of Carehttps://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2026/22.html#_Ref223681247 42. In cases involving an established duty, to plead the existence and scope of the duty it commonly will be sufficient for a plaintiff simply to identify facts showing that each of the plaintiff and defendant fell within the…
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The function of pleadings
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2026/22.html#_Ref223681247 The pleadings are to contain a summary of the material facts, not the evidence by which those facts are to be proved: UCPR, r 14.7. Material facts should be pleaded, not merely identified in the particulars. Doing so can…
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Cross-examination on an interlocutory application
Markisic v Commonwealth of Australia [2010] NSWCA 273 32 Whether or not a judge permits cross-examination in an interlocutory proceeding is a matter for that judge’s discretion. An appellate court will only interfere with a discretionary decision if an error…
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Notices to admit
Gerard Michael Mcguirk v the State of New SouthWales [2009] NSWSC 616 [16] As to paras 1 and 5, Mr Hutchingspointed out that the relationship between the plaintiff and Ms Buchanan andtheir movements on the evening prior to the first arrest are…
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The s 151Z formula
Synergy Scaffolding Services Pty Ltd v Alelaimat – NSW Caselaw That is, D = T – (C – X), where: D = the sum of damages ultimately recoverable by the plaintiff worker from the third party tortfeasor; T = the sum of…