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  1. Questions of liability and apportionment – Court of Appeal decides that statutory immunity prevents proportionate liability finding against concurrent wrongdoer

    3 June 2021 | Insurance & Health Law

    In the recent New South Wales Court of Appeal decision of Woodhouse v Fitzgerald, the Court discusses the application of the proportionate liability regime under Civil Liability Act 2002 (NSW) in the context of the conduct of the Rural Fire Service whose officers are subject to a statutory immunity...

  2. Negligent misstatement, nuisance and no statutory defence – a fatal combination for Council

    29 January 2021 | Insurance & Health Law

    The plaintiff homeowner sued Council for negligent misstatement and nuisance for failing to disclose the existence of an underground stormwater pipe on a planning certificate issued prior to purchase. The pipe ultimately became blocked, resulting in...

  3. Decision in Polglase confirmed by Court of Appeal

    6 November 2020 | Insurance & Health Law

    The NSW Court of Appeal has upheld the primary judge’s decision that a local Council breached its duty of care to an infant plaintiff who fell through a railing on a jetty, and that the State of NSW and the plaintiff’s grandparents were not...

  4. Failure to secure temporary signage has resulted in liability for Council

    17 June 2020 | Insurance & Health Law

    In the recent decision of Goondiwindi Regional Council v Tait [2020] QCA 119, the Court of Appeal upheld the decision that a local government was liable for failing to repair a pothole on a state-controlled road in a declared disaster area, and for...

  5. Ready to Ride? The proper delegation of State’s statutory function; reliance on expert witnesses and obvious risk

    25 March 2020 | Insurance & Health Law

    The plaintiff suffered serious injury in a motocross accident and sued the State of NSW. The plaintiff’s claim rested on an allegation that the State had improperly issued a licence to a motocross track which was non-compliant with relevant...

  6. Council found liable for failing to take preventative measures

    3 March 2020 | Insurance & Health Law

    The plaintiff, who was at the time 5 years of age, sustained serious injuries when he fell through a railing on the Coffs Harbour Jetty. The plaintiff was successful against Coffs Harbour City Council (Council) and the Coffs Coast State Park Trust (the...

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