Victoria or New South Wales? A question of applicable law24 January 2018 | Transport
This New South Wales Court of Appeal decision considers whether Victorian law governs motor accident claims which relate to injuries suffered in NSW for which compensation is payable under the Victorian workers compensation scheme. In Issue Whether...
Careless fraudster and mobile phone records defeat property damage claim24 January 2018 | Insurance Issues
The insurer succeeded in relying upon circumstantial evidence to prove that the insured consented to the insured property being burned down, triggering exclusion clauses in the policy. In Issue Whether objective evidence justified inference as to identity
Houseboat operator fails to take appropriate precautions, resulting in double leg amputation12 January 2018 | Insurance Issues
A houseboat operator was liable for amputation injuries caused when he reversed a houseboat towards a jet ski without warning. In Issue Whether or not the defendant breached his obligation to identify and warn of risk of harm Whether the risk of harm was.
Unreliable witness loses her case against employer11 January 2018 | Employer's Liability
The plaintiff was unsuccessful in proving her employer negligently caused a psychiatric injury, along with a perianal haematoma. In Issue Credibility Failure by the plaintiff to prove she was bullied and harassed at work Failure to prove physical injuries
"Recreational" activities can still be dangerous for professionals11 January 2018 | Sport & Recreational Activities
The NSW Court of Appeal has held that section 5L of the CLA can operate as a defence not only in respect of recreational sports, but also professional sporting activities and a claim by a professional jockey was therefore unsuccessful In Issue Whether...
Pursuing an insurer for personal injury damages7 December 2017 | Insurance Issues
The factors to be taken into account when determining an application for leave to proceed directly against an insurer under new legislation in NSW. In Issue Whether leave could be granted to a plaintiff to pursue an insurer directly for damages resulting.