Occupiers duty of care

See McKenzie v Day (No 2) [2016] NSWDC 236 where Neilson DCJ provides a salient summary of an occupiers duty of care. The most recent statement of the applicable law is contained in the judgment of McColl JA, with whom Macfarlane JA and Beech-Jones J concurred, in Schultz v McCormack [2015] NSWCA 330, where her Honour […]

Breach of duty of care – motor vehicle accidents – you decide?

You decide ?Mr Kidd gave evidence that he was driving a yellow bus, proceeding south-easterly on Talavera Road when he faced a red light at the Herring Road intersection and came to a stop. He had been a professional bus driver for six years and was well familiar with the intersection. He said the green […]

Truth and Credibility of witnesses

Coote v Kelly; Northam v Kelly [2016] NSWSC 1447 is a medical negligence case which involved an alleged failure to diagnose a melanoma on the sole of the foot of the plaintiff. In Coote Davies J had to weigh up the competing evidence of the Plaintiff and the deceased on the one hand and the four doctors […]