The plaintiff was the compulsory third party insurer of a motor vehicle at fault in an accident on 21 October 2005. The second defendant, Mr Cha, suffered both physical and psychological injuries in that accident. Most notably, the psychological injury was an exacerbation of a pre-existing condition arising from an initial motor vehicle accident on 7 February 2004. The third defendant was the compulsory third party insurer for the motor vehicle at fault in this initial accident.

The court determined that an exercise program undertaken at a gymnasium is a "recreational activity" within the meaning of s 5K of the Civil Liability Act 2002 ("CLA") but there was an inadequate risk warning pursuant to s 5M of the CLA.

This article is Part 2 of a summary of changes introduced by new bills to reform the workers compensation scheme in NSW.

The Court of Appeal was asked to consider the application of Section 15B of the Civil Liability Act 2002 to a claim in respect to a loss of capacity to provide gratuitous domestic services to grandchildren.

Where there is an issue about the role played by a pre-existing condition, insurers should seek expert medical opinion.

When considering whether the factual circumstances of a case satisfy the definition of a 'motor accident" within the meaning of s 3 of the Motor Accidents Compensation Act 1999 (MAC Act), a trial judge is permitted to draw inferences from the evidence which is given or, as in this case, not given.

Workers who claimed for compensation prior to 19 June 2012 can make a further claim of deterioration of their condition.

In accordance with Part 23 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) a Plaintiff can be compelled to undergo screening for illicit substance use, including the collection of blood, urine, and hair samples in relevant circumstances.

The New South Wales Court of Appeal has decided that the Appeal Panel of the Workers Compensation Commission can revoke a Medical Assessment Certificate on any ground found in s.327(3) of the Workplace Injury Management Act.

This case removes any doubt that an explanation for a late claim for damages can satisfy the requirements of the Act.

The Court dismissed the plaintiff's Summons for leave to commence proceedings more than three years after the motor vehicle accident, due to the explanation for delay being hopelessly inadequate.

Failing to refer to evidence or accepting only one opinion is not automatically failing to afford natural justice.

On 31 October 2005, the appellant allegedly sustained injury to his right knee when he slipped on a cleat whilst stacking timber during the course of his employment with the respondent. The appellant was off work for a few days after the incident, but shortly returned to work and remained at work, save for various periods of sick leave that were not claimed by him at the time as being due to original injury. It was not until 26 March 2008 that the appellant remained off work on sick le

This is the third in a string of cases in which the Court of Appeal was asked to consider the duty of care owed by the proprietor of licensed premises to protect its patrons from the tortious or criminal conduct of a fellow patron.

A broker has a duty to advise that separate insurance may be required for activities not in the course of the business.

A party is not liable to contribute, even where negligent, unless a causative link is established between that party's breach of duty of care and the injury.

The plaintiff sued a number of defendants in relation to the allegedly defective design and construction of a sewage system forming part of a development at Pyrmont. Various companies in the Lend Lease Group (Lend Lease) were sued as the developer and promoter of the development.

Whilst the Defendant carries an evidentiary onus in respect of the Plaintiffs residual earning capacity, the onus of establishing a total loss of earning capacity rests with the Plaintiff.

The plaintiff sought a determination from MAS that his psychological injury had stabilised and exceeded the 10% threshold.

The decision highlights the importance of timing and the need to serve Calderbank offers once evidence has been served.