Tag: recent cases
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Oz standards not dispositive
Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369 NEGLIGENCE – liability of occupier – liability of landscape architect – patron injured as stepped into garden bed in Club car park – true depth of garden bed obscured by vegetation – primary judge found Club liable but architect not…
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Administrative 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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Workers compensation insurer entitled to recover payments from a blameless motor accident insurer
State of NSW v Wenham [2016] NSWCA 336 The appellant was the employer of Ms Goddard. Ms Goddard was driving behind a truck driven by the first respondent and owned by the second respondent. A wheel assembly disconnected from the truck, collided with the vehicle Ms Goddard was driving, and caused her injury. The respondents…
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Amendment
in Recent casesPLEADINGS – amendment of pleadings – whether proposed amendments raise new issues – where defendants in possession of plaintiff’s expert obstetric opinion since April 2015 raising the issues now sought to be particularised – whether defendants prejudiced by proposed amendments Rae by his tutor Rae v South Western Sydney Local Health Network [2016] NSWSC 1176…
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Onus of proof
Keith v Gal [2016] NSWCA 152 1. In 2001, the appellant, Mr Clifford Keith, was injured when the vehicle he was driving collided with the rear of a tow truck driven by the respondent, Mr Adrian Gal, which pulled abruptly into the lane in which Mr Keith was driving. Prior to the accident, the appellant…
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Administrative Law
Ali v AAI Limited [2016] NSWCA 110 ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessor – scope of statutory duty to give reasons – extent of reference to large volume of material supplied by parties – relevant consideration – obligation to consider matters identified by statute –…
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Medical negligence
in Recent casesKwong v Abdulwahab [2016] NSWCA 107 APPEAL – civil – whether primary judge erred in findings of fact – challenge to findings of fact without foundation – findings of fact supported by evidence – no material errors made DAMAGES – negligent medical treatment – injury to plaintiff’s right hand – liability admitted – past…
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Issue estoppel, res judicata and abuse of process
in Recent casesJener Daluz v John McMahon [2016] NSWSC 202 Application for summary dismissal of medical negligence proceedings relating to treatment of injuries said to have been sustained by the plaintiff in a motor vehicle accident – settlement of separate proceedings relating to the accident itself – whether consent judgment in those proceedings concluded the issue…