No Negligence? No Liability!28 January 2021 | Public & Product Liability
The New South Wales Court of Appeal has confirmed a commercial occupier is not liable for injuries suffered by a patron who slips and falls over a water spillage if a sufficient cleaning system is implemented. In Issue Whether an occupier of a shopping...
Worker denied damages in personal injury trial – the dangers of not getting your story straight20 January 2021 | Public & Product Liability
Barry.Nilsson. recently acted for the defendant in a personal injury case in the Townsville District Court, in which the plaintiff alleged he sustained injuries to his lumbar spine as a result of an incident on a worksite in February 2013. Both liability...
Festival Fright: Court awards plaintiff $1.5 million after Ferris wheel collision20 January 2021 | Public & Product Liability
The plaintiff, who was at the time 14 years of age, sustained psychological injuries after a light aircraft collided with a Ferris wheel she was on at the Old Bar Festival in NSW. The plaintiff was successful against Mid-Coast Council (Council) and the...
The long-stop limitation period extends to all building work, so says Court of Appeal23 December 2020 | Building, Construction & Property
Those in the building and construction industry will benefit from clarification provided by the NSW Court of Appeal on the operation of the long-stop limitation period in the Environmental Planning and Assessment Act. In issue The only issue before the...
NSW Bill to permit courts to set aside child sexual abuse settlement agreements23 December 2020 | Public & Product Liability
A draft bill will be introduced to the NSW Parliament in early 2021 which if passed will grant courts the power to set aside child sexual abuse settlement agreements entered into before the 2016 and 2018 child sexual abuse reforms. The background A draft...
Booze burns in warehouse blaze: Accounting for insurable interests of Third Party Beneficiaries22 December 2020 | General Insurance
Claim by MOS Beverages (the Applicant), as a third party beneficiary, for indemnity for loss of goods under an Industrial Special Risks Policy issued by CGU (the Respondent) to Admiral International Pty Ltd (Admiral), and interpretation of policy wording...