Barry.Nilsson. Lawyers

Court shows a red card to plaintiff’s claim for soccer ball injury

7 August 2020 | Employer's Liability

The plaintiff was injured while working as a Student Learning Support Officer when she was struck on the back of the head by a soccer ball kicked by a Year 11 student. She alleged the defendant’s employees (teachers) did not adequately supervise the...

Case Collective | August 2020

6 August 2020 | Case Collective eNewsletters

The August edition of Case Collective is here! This month, we discuss an appeal by Nationwide News for the publication of defamatory articles about Australian actor Geoffrey Rush, and the NSW Supreme Court’s decision to rule in favour of Bunnings...

Appeal against hefty damages award to actor Geoffrey Rush for defamation fails

27 July 2020 | Professional Indemnity & Financial Lines

The Full Federal Court has dismissed an appeal by Nationwide News against a finding of liability for publication of defamatory articles about prominent Australian actor Geoffrey Rush. In Issue A finding that the publications conveyed a particular pleaded...

Plaintiff in the soup after failing to establish Hospital’s breach of duty of care

22 July 2020 | Health Law

In Hawkins v South Western Sydney Local Health District [2020] NSWDC 308, the plaintiff failed to convince a court that the treatment provided to him by the Campbelltown Hospital’s catering and nursing staff was negligent. In Issue The plaintiff...

Full Court held all “strands in a cable” to be considered when assessing circumstantial evidence

22 July 2020 | Public & Product Liability

The Full Court found an electricity supplier negligent based on multiple breaches of duties of care without establishing a particular breach of its duty of care had caused the damage. In Issue: Where there are multiple breaches of duty and damage results...

Injured worker’s award for future economic loss reduced by 50% for contingencies

22 July 2020 | Employer's Liability

The Queensland District Court has reduced a worker’s award for future economic loss by 50% to account for pre-existing hip and spine conditions and other significant co-morbidities. In Issue Quantum of damages, specifically, the extent to which the...