Posts Tagged ‘error’
The place of "error" in the appellate process
STRINGER & OR v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (SA) PTY LTD [2017] SASCFC 138 A trial Judge has primary responsibility for factual adjudication. The Judge’s findings should not be disturbed unless good and sufficient reason to do so is positively established by the plaintiff. In Fox v Percy,[10] the plurality, after referring to Warren…
Read MoreTPD – test for error in the insurer/trustee's decision
Whether the primary judge erred in his approach to the task of the Court in reviewing the Insurer’s opinion that Mr Jones was not Totally and Permanently Disable.
Read MoreLegislative mistakes
Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 A definition using the term “means” is generally to be understood as exhaustively defined by what follows. Because the definition of “sentence” has 11 paragraphs, which include many kinds of order which would not ordinarily be thought of as part of the sentence,…
Read MoreAdministrative law: The role of a medical assessor
AAI Limited v State Insurance Regulatory Authority of New South Wales (formerly the Motor Accidents Authority of New South Wales) [2016] NSWCA 368 On its proper construction the MAC Act does not require a medical assessor to make a determination as to what elements of an incident involving a motor vehicle during which a person…
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