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Child attacked by dogs, receives award of $315,500
23 October 2020 | Insurance & Health LawA 5 year old child was attacked and wounded by a neighbour’s dogs while playing in a friend’s backyard, and received a significant award of damages. In Issue The pivotal issues at trial were as follows: whether the plaintiff was on the...
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Letting the dust settle: damages for airborne particles arising from construction works significantly reduced for plaintiffs
14 October 2020 | Insurance & Health LawThe Supreme Court of New South Wales assessed the damages for private nuisance claimed by seven plaintiffs arising from the release of airborne hydrated lime particles into their residential properties from a neighbouring construction site. In his...
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Greyhound racer leaves Court of Appeal with tail between his legs
28 September 2020 | Insurance & Health LawThe NSW Court of Appeal finds that injuries to a gate keeper at a greyhound racing club triggered the “dangerous recreational activity” defence under the Civil Liability Act 2002 (NSW). In Issue Whether the injuries suffered by a gate keeper...
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Go-karting – what’s a proper risk assessment?
23 October 2018 | Insurance & Health LawA church volunteer was injured in a go-karting accident when she accelerated into a tree after losing control of the go-kart. The organiser of the event, a local church, was found to be negligent primarily for failing to conduct a proper risk assessment...
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High Court revokes grant of special leave in a decision concerning the scope of duty of a Statutory Authority in child abuse cases
11 July 2017 | Insurance & Health LawThe High Court declined to consider the scope of the duty of care owed by a state government department when exercising power under child welfare legislation. In Issue The scope or extent of the common law duty owed in exercise of statutory or...
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Pile driver held liable for injury to third party construction worker
2 May 2017 | Insurance & Health LawThe liability of a pile driving company to a labour hire employee for failing to take reasonable steps to prevent foreseeable injury during the erection of a pile driver. In Issue The existence and scope of the duty of care owed by pile driving company....
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