Liability of hotelier
in Recent cases
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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NEGLIGENCE – hotel patron assaulted across road from licensed premises by employee of hotel – employee not a security guard – evidence unclear as to whether assailant crossed road to intervene in dispute involving patron – non-intervention by employees of…
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Administrative review
in Recent casesADMINISTRATIVE LAW – judicial review – decision of the proper officer of the Motor Accidents Authority to dismiss an application for review of a medical assessment pursuant to s 63 of the Motor Accidents Compensation Act 1999 (NSW) – whether…
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Duty of care to a rescuer
in Recent casesEVIDENCE – admissibility and relevance – expert opinion – expert conceded lack of expertise in specific field – report admitted “provisionally” – whether the report rejected and then improperly relied on by the trial judge NEGLIGENCE – breach of duty…
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Personal injuries damages – appeal
in Recent casesDAMAGES – personal injury – non-economic loss – whether the primary judge made a wholly erroneous estimate of the damages suffered – use of earlier decisions of courts for the purpose of establishing an appropriate award – Civil Liability Act…
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Guardianship
in Recent casesGUARDIANSHIP – Person under guardianship – Suitability of guardian – Undue conflict of interest – Guardianship outside Australia Appeal to the Supreme Court (pursuant to clauses 12(1)(b) and 14 of schedule 6 to the Civil and Administrative Tribunal Act 2013…
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Domestic assistance and emotional support: Nicholson v Nicholson
Per our discussion yesterday, the defendants rely on the case of: Wormleaton v Thomas & Coffey Ltd (No 4) [2015] NSWSC 260 to say that emotional support is not compensable. The decision is from Campbell J. The case involved an…
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Causation where a pre-existing condition is in play: Glen v Sullivan
Glen v Sullivan [2015] NSWCA 191 43 In Watts v Rake, the defendant contended that part of the plaintiff’s condition attrial was traceable to causes other than the accident and that even if there had been no accident he would…
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Huni v Allianz Australia Insurance Ltd: proper officer/delegate
Huni v Allianz Australia Insurance Ltd [2014] NSWSC 1584 83To the extent that the Proper Officer's determination was to the contrary of this analysis, then it was erroneous because the Proper Officer ought to have had a suspicion of the…
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Mitrovic v Motor Accidents Authority of New South Wales: proper officer/delegate
Mitrovic v Motor Accidents Authority of New South Wales [2012] NSWSC 1231 Applying the wrong legal test and failing to make required determinations under an Act each constitute errors of law sufficiently serious as to also constitute jurisdictional errors: Craig…
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Mead v Kerney: residual earning capacity
Mead v Kerney [2012] NSWCA 215 [18] Having determined what he described as the respondent’s “theoretical work capacity” (Judgment [219]), his Honour proceeded to determine whether the respondent could, as a practical matter, utilise that capacity to obtain work in…