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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Dyldam Developments Pty Limited v Jones [2008] NSWCA 56 https://www.caselaw.nsw.gov.au/decision/549fe4d83004262463c29252 65 Mr King SC for Bricklaying submitted that the primary judge made errors in the calculation of economic loss. He submitted that, having regard to the income tax returns that…
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Dwight v Bouchier & Ors: undeclared income
Dwight v Bouchier & Ors [2003] NSWCA 3 51 His Honour’s approach in accepting the reality of the business is consistent with that of the High Court in Husher v Husher (1999) 197 CLR 138 at 147 – 149 regarding…
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AMP General Insurance Ltd. v. Kull & Anor: undeclared income
AMP General Insurance Ltd. v. Kull & Anor. [2005] NSWCA 442 69 Mr. Russell submitted there was a number of errors in the judgment of the primary judge concerning economic loss. The income declared in the tax returns was $4,000.00,…
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Lancaster v Foxtel Management Pty Ltd: reasons
Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 Basten AJ “54 The objective, within the scheme of the Act, of requiring the Medical Panel to give a written statement of reasons for that opinion can therefore be seen to…
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Wipro v New South Wales: the re-enactment presumption
Wipro v NSW (2022) 110 NSWLR 520 Fifthly, the first defendant relies on the re-enactment presumption that “where the Parliament repeats words which have been judicially construed, it is taken to have intended the words to bear the meaning already…
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Guardianship and financial management
Secretary, NSW Department of Communities and Justice and Anor v ZYM and Anor [2022] NSWSC 935 Ability One Financial Management and Anor v JB by his tutor AB [2014] NSWSC 245 Holt v Protective Commission (1993) 31 NSWLR 227 M…
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Conduct of trial: departing from the pleaded case
I am disinclined to accept Sydney Trains’ pleading point. True it is that Argo should have positively pleaded the conduct on the part of Sydney Trains which, so it alleged, produced the result that that conduct was the sole effective cause of Ms Michael’s injury notwithstanding Infrastruction’s own breach. Argo did not…
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Unchallenged expert evidence
in EvidenceAmaca Pty Limited (Under NSW Administered Winding Up) v Roseanne Cleary as the Legal Personal Representative of the Estate of the Late Fortunato (aka Frank) Gatt [2022] NSWCA 151 1. In an appeal restricted to points or errors of law,…
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Jones v Dunkel: when the inference is available
in EvidenceAmaca Pty Limited (Under NSW Administered Winding Up) v Roseanne Cleary as the Legal Personal Representative of the Estate of the Late Fortunato (aka Frank) Gatt [2022] NSWCA 151 The mode of reasoning suggested by Jones v Dunkel is directed to fact…
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Advance rulings on evidence
in EvidenceThe Owners – Strata Plan No 90189 v Parkview Constructions Pty Ltd [2022] NSWSC 1382 As Stevenson J observed in Sydney Attractions Group Pty Ltd v Schulman [2012] NSWSC 951 at [5][6]: It is useful to consider the circumstances in which courts have acceded…