Archive: March 2012
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Uncertainty over builder’s duty of care to subsequent owners resolved
Legal Directions
February 28, 2014
Ongoing uncertainty as to whether a builder owes a duty of care to a subsequent owner of premises for latent defects…
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Contributory negligence and the ‘good Samaritan’ provisions of Civil Liability Act 2002 apply
Stuardo bht Pinochet v Borsellino [2012] NSWDC 9 (per Levy DCJ) 17 February 2012 Background On 5 November 2007, the plaintiff…
Former Sparkes Managing Partner joins Morays
A year on, Moray & Agnew has bolstered its Perth office with the arrival of new Partner Rosemary Waldron-Hartfield and her…
Costs implications – early settlement of low value claims
Mark Haureluik v Bowen James Furler [2012] ACTCA 11 Damages for pain and suffering are included in the amount of the…
Reasoning required to make the award of a buffer for loss of earning capacity defensible
Two recent Supreme Court cases have dealt with this issue, and make it clear that only brief reasons are required from…
Section 151Z Recovery claims against the Nominal Defendant
Penrith City Council v Nominal Defendant & Anor [2012] NSWDC 18 District Court Judge Levy SC delivered judgment on 7 March 2012…
Child injured in crash: occupier’s breach of duty or parent’s failure to supervise?
Simpson v Grundy & Anor [2011] QSC 299 Introduction In this case the Queensland Supreme Court held an occupier was not…
Concurrent wrongdoers: when is loss and damage the same?
Mitchell Morgan Nominees Pty Ltd & Anor v Vella & Ors [2011] NSWCA 390 The NSW Court of Appeal has confirmed…
Solicitor’s file note not an ‘investigative report’
State of Queensland v Allen [2011] QCA 311 Introduction The Queensland Court of Appeal has recently considered the meaning of the…
Pinpointing the notional trial date in claims against lawyers
In defending professional negligence actions against litigation lawyers, a crucial element is the fixing of the notional trial date. The notional…
Offers of compromise – ‘exclusive of costs’
McGlen-McLeod v Galloway (No. 2) [2012] NSWDC 11 In May 2008, the plaintiff was injured when she fell through rotten floorboards…