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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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…
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Privilege over settlement discussions
in EvidenceAzmin Firoz Daya v CX Reinsurance Company Limited [2012] NSWSC 1621 The witness has been asked a question as to her state of mind on a date in 2005. For present purposes, I assume that the basis for the question…
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A $400,000 buffer for future economic loss: Allianz v Cervantes
See for example, Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244, where on 24 June 2006 the claimant was injured in a motor vehicle accident. Liability was admitted by the insurer. On 11 January 2011 Mr Goudkamp, Claims Assessor,…