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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Mills v Dunpec Pty Ltd [2024] NSWSC 340 Chen J The relevant principles relating to the power to order a separate determination have been summarised in a number of cases, including Allandale Blue Metal Pty Ltd v Roads and Maritime Services (2013)…
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Summary dismissal under r 13.4
Mills v Dunpec Pty Ltd [2024] NSWSC 340 Chen J A purpose of r 13.4 is to “save the defendant from the cost, delay and vexation in having to defend clearly untenable proceedings” and to protect “the interests of the…
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Expert evidence: Kmart Australia Ltd v Marmara
in EvidenceKmart Australia Limited v Marmara [2024] NSWCA 249 58 Kmart relied on the line of cases beginning with this Court’s decision in Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 (“Makita”) and running through…
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Duty of an occupier to the employee of a subcontractor: building sites
Value Constructions Pty Ltd v Badra [2024] NSWCA 181 NEGLIGENCE — Duty of care — Duty of occupier to employee of subcontractor — Whether it was reasonable for occupier to assume that that a competent contractor would have addressed the…
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Psychiatric injury and foreseeability in the employment context
Karzi v Toll Pty [2024] NSWCA 120 101 These three cases, Koehler, Kozarov and Stevens illustrate how fact-specific torts cases are and how the principles operate in different factual situations. They highlight why the High Court in Koehler held that…
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Increased income after injury does not preclude damages for future loss
Agrigrain Pty Ltd v Rindfleish [2024] NSWCA 295 Increased income does not necessarily preclude damages for future loss of earning capacity: see Russell v J Hargreaves & Sons Pty Ltd (1956) 30 ALJR 533 at 533-534 (Dixon CJ and McTiernan J). The…
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Intoxication and propellers
At around 2:30pm on 25 January 2020, a hat belonging to one of the members of the group was “unexpectedly blown into the water by strong winds”. Mr Liccardy dived into the water while the boat was moving to retrieve…
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Single bollard on shared pedestrian & bike path
Ballina Shire Council v Moore [2023] NSWCA 155 Full text In deciding whether the precaution of removing the bollard should have been taken, the trial judge relied on a statement in a safety audit report that one bollard “is unlikely…
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Submitting appearance may not avoid costs order
Administrative review of a “minor injury” dispute under the Motor Accident Injuries Act — costs of a submitting appearance by the insurer. ADMINISTRATIVE LAW — judicial review — jurisdictional error — gateway function requiring President to consider whether there was…
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The frailty of human memory in fact finding
in EvidenceAlexakis v Masters (No 2) [2023] NSWSC 509 In view of the frailty of human memory, the inability of Mr McClure to give evidence and the parties’ self-interest, more weight is to be placed on the contemporaneous documents where they are available, the…