A repairer was held to be bailee of a boat, even where the bailor retained a key and the boat was left at an unsecured mooring.

The provisions contained in the Civil Liability Legislation Amendment Bill 2008 ("the Bill") aimed at overcoming the Court of Appeal's decision in Harrison v Melhem are opposed by the New South Wales Bar Association.

This is our Case Note addressing the decision of the Supreme Court of NSW in Nguyen v Motor Accidents Authority of NSW. The Court debunks the theory that a shoulder injury should only be assessed by MAS if there has been a direct injury to it. Please contact the author, Jennifer Casperson, or one of our CTP partners, if you require further information about this case.

A Court or claims assessor has an unfettered discretion to refer a matter for further assessment under s 62(1)(b) of the Motor Accidents Compensation Act 1999 (the Act).

NSW Court of Appeal upholds a verdict in favour of a plaintiff who fell on steps which could not be discerned from the surrounding floor.

Discussion of Thornton v Sweeney [2011] NSWCA 244

The benefit of hindsight cannot be used to conclude that a defendant failed to exercise reasonable care simply because action which would have avoided a collision was not taken. Whether a reasonable person would have taken those precautions is determined by a number of factors, including reasonable expectations about the manner in which other vehicles that may be on the roadway are being driven.

The Supreme Court handed down its decision in <em>CIC Allianz Insurance Limited v Erturk</em> on 21 April 2010.

On 31 December 2002 to 1 January 2003 the defendant held a New Years eve function which members of the public attended by payment of an admission price. In the early hours of 1 January 2003 a dispute on the dance floor erupted and came to involve a fight between one of the plaintiffs, Mr Moubarak, and Mr Abbas. Mr Abbas left the premises and returned with a gun, subsequently shooting Mr Moubarak and Mr Bou Najem. In proving causation a plaintiff must satisfy the "but for" test of factual causati

The proper test is to determine whether the evidence was considered and, if not, determine why it was not considered.

In order for an Appellate court to overturn the decision of the primary judge in respect of an award of damages for non-economic loss it is necessary to show that the conclusion reached by the primary judge was manifestly erroneous.

Asbestos litigation - The High Court finds that an insurer bears the onus of proof when asserting a limited level of cover - Wallaby Grip Limited v QBE Insurance (Australia) Limited; Stewart v QBE Insurance (Australia) Limited [2010] HCA 9

An occupier does not owe a duty to protect persons on its land from the unpredictable criminal behaviour of strangers.

The issue in this case was whether the plaintiff's contributory negligence was such as to defeat the monetary threshold.

A summary of the key issues in Lewis v Motor Accidents Authority of New South Wales & Ors [2012] NSWSC 56.

The decision reinforces the need for an owner to move quickly and clearly to terminate a demise charter in circumstances where the charter has "gone bad".

In assessing future economic loss, regard should be had to s 13 of the Civil Liability Act 2002 in determining the plaintiff's most likely future circumstances but for the injury . . .

The Court of Appeal declined to overturn the decision of the primary judge who found against the defendant despite the fact that the plaintiff could not explain how the accident in which he was injured occurred.

A public authority successfully relied on s 43 of the <i>Civil Liability Act</i> to avoid liability after a plaintiff was injured by a falling branch. Despite being found to have acted negligently, the Housing Corporation also succeeded because it was held that their negligence was not causative of the plaintiff's injuries.

This Court of Appeal decision primarily concerned whether or not the plaintiff was entitled to damages for future economic loss after suffering a rugby league injury, in circumstances whereby his income dramatically increased after the injury.