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TORTS – motor accident compensation – blameless accident – kangaroo collides with motor cycle in the outback – only in Australia – statutory interpretation – whether driver can claim under no fault scheme – whether injuries occasioned by a “blameless motor accident” – whether plaintiff’s act or omission caused the accident – statutory modification to…

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Schultz v McCormack [2015] NSWCA 330 The appellant, Sheran Ann Schultz, was injured when she slipped and fell on a tiled floor, which was, in effect, the top step of the verandah of the home of the respondents, Norman McCormack and Cathryn McCormack. The accident took place at about midnight. The surface of the verandah…

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Uniting Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council [2015] NSWCA 320 NEGLIGENCE – school student injured while training in Council pool – pupil directed by swimming coach employed by School to dive into shallow end of pool – pupil slipped and suffered serious injury – whether Council liable to…

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Bitupave Ltd t/as Boral Asphalt v Pillinger [2015] NSWCA 298 Held dismissing the appeal, dismissing the second respondent’s cross-appeal and allowing the first respondent’s cross-appeal: The primary judge did not err in finding that the risk of harm was one of which both Boral and the Council knew or ought to have known (Ward JA…

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TORTS – negligence – duty of care – public authority –breach of duty – where plaintiff cyclist seriously injured when she fell over low guard rails of wooden bridge after the front wheel of her bicycle became stuck in a gap between the planks of the bridge – whether primary judge correctly identified risk of harm for the purposes of s 5B, Civil Liability Act 2002 (NSW)…

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NEGLIGENCE – hotel patron assaulted across road from licensed premises by employee of hotel – employee not a security guard – evidence unclear as to whether assailant crossed road to intervene in dispute involving patron – non-intervention by employees of hotel and employees of security company – whether evidence sufficient to establish breach of duty

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ADMINISTRATIVE LAW – judicial review – decision of the proper officer of the Motor Accidents Authority to dismiss an application for review of a medical assessment pursuant to s 63 of the Motor Accidents Compensation Act 1999 (NSW) – whether reasonable cause to suspect that medical assessment was incorrect in a material respect – whether…

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EVIDENCE – admissibility and relevance – expert opinion – expert conceded lack of expertise in specific field – report admitted “provisionally” – whether the report rejected and then improperly relied on by the trial judge NEGLIGENCE – breach of duty – rescuer injured – respondent provided an enclosed playground area at its premises – respondent…

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DAMAGES – personal injury – non-economic loss – whether the primary judge made a wholly erroneous estimate of the damages suffered – use of earlier decisions of courts for the purpose of establishing an appropriate award – Civil Liability Act 2002 (NSW), s 17A DAMAGES – personal injury – past and future economic loss –…

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