Abuse claim refused on the basis of previous historical settlement9 December 2019 | Procedure
A plaintiff has failed to set aside a settlement entered into prior to recent changes to limitation legislation for victims of child abuse. The application arose in the context of legislative change to the Limitation Act 1969 (NSW), abolishing limitation...
Paralympian not entitled to damages for quadriplegic injuries sustained during camp drafting competition3 December 2019 | Sport & Recreational Activities
The defendant avoided liability for quadriplegia injuries sustained by the plaintiff during a camp drafting competition by successfully arguing that the injuries were due to the materialisation of an obvious risk of a dangerous recreational activity,...
A win for directors because a breach of continuous disclosure obligations did not cause shareholder losses22 November 2019 | Directors' & Officers' Liability
Background This decision is the first Court decision arising out of a shareholder class action in Australia. The basic background facts are that on 11 September 2014, Myer’s chief executive officer represented that, in his opinion, for the 2015...
Council swims out of the deep end22 November 2019 | State & Local Authorities
Fairfield City Council (the defendant) successfully defended a claim by a patron who suffered personal injury after being assaulted by a third party while attending a Council swimming pool. The plaintiff was unable to establish that a special relationship...
Hospital not liable for treatment and management of patient prior to premature delivery22 November 2019 | Health Law
The peer professional defence in the Civil Liability Act 2005 (NSW) operated to excuse a hospital from liability for its management and treatment of a patient with a history of complications during pregnancy and childbirth. In Issue Whether the hospital...
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