Archive: April 2013

Provision of care needs for elderly: What is reasonable?

The Court of Appeal of New South Wales last week overturned a decision* awarding an 88 year old woman who, at…

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Motor Vehicle Directions

Would the real defendant please stand up?

On 23 July 2007, the plaintiff was riding a motorcycle behind a large cement mixer truck with a ‘Readymix’ badge. As he…

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Motor Vehicle Directions

Offers of compromise, costs and interest

On 21 February 2011, the plaintiff* commenced proceedings in the District Court seeking damages for personal injury loss arising out of…

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Motor Vehicle Directions

Discretionary CARS exemptions in claims where fraud is alleged

Section 92(1)(b): Certificates of Exemption Involving Allegations of Reliance upon False and Misleading Documents On 1 March 2013, Rothman J of…

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Motor Vehicle Directions

Blameless accidents

The High Court’s refusal last month to grant special leave to appeal against the Court of Appeal’s interpretation of the Blameless…

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Motor Vehicle Directions