Archive: March 2012
featured article
STRATA PLANS CANNOT BE LIABLE TO LOT OWNERS FOR FAILURE TO MAINTAIN COMMON PROPERTY – FOR THE MOMENT
Legal Directions
November 18, 2016
Introduction Lot owners in NSW strata plans no longer have any right to recover their property damage losses as a result…
Continue readingArchives
20
19
18
EV
- January 2017
- February 2017
- March 2017
- May 2017
- June 2017
- July 2017
- August 2017
- September 2017
- October 2017
- November 2017
- December 2017
- January 2016
- February 2016
- March 2016
- April 2016
- May 2016
- June 2016
- July 2016
- September 2016
- October 2016
- November 2016
- December 2016
- February 2015
- April 2015
- May 2015
- June 2015
- July 2015
- August 2015
- September 2015
- October 2015
- November 2015
- December 2015
- February 2014
- May 2014
- July 2014
- October 2014
- February 2013
- March 2013
- April 2013
- June 2013
- August 2013
- September 2013
- February 2012
- March 2012
- April 2012
- May 2012
- June 2012
- December 2012
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…