Archive: April 2013
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No liability for materialisation of inherent risk*
Legal Directions
February 28, 2014
The New South Wales Court of Appeal has dismissed the appeal of a stroke victim who sought to claim damages from…
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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…
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…
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…
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…
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…