Product liability
Source: www.fasterway.com.au This is a typical fracture surface. This is a threaded connection (hence the appearance of a depression around the circumference). The fracture surface was smooth, flat, and perpendicular to the principal axis of the bolt. Crack progression marks (beach marks) extended radially from one side of the bolt and covered approximately 90% of the fracture […]
Read MoreStrike out considerations – echoes from an appeal
To summarily to dispose of the proceedings is one which calls for the exercise of “exceptional caution”. [1] The power cannot be exercised “once it appears that there is a real question to be determined whether of fact or law and that the rights of the parties depend upon it.” [2] It is only to […]
Read MoreInterrogatories in medical negligence
Principles set out in [6]-[13] Rice v Ghabrial [2016] NSWSC 313 The issue of interrogatories is governed by the rules and generally requires that the interrogatories be “necessary”. In the case of personal injury matters, the rules also require that there be “special reasons” for the administering of the interrogatories. These matters were dealt with by […]
Read MoreHow a quantum meruit claim is to be established
Jason and Michelle Zammit trading as Zammit’s Quality Constructions v Saul Markunsky and Shereen Markunsky [2015] NSWCATCD 21 at [47],[48] At [47] – Judgement of Bryne J. in Brenner v First Artists’ Management Pty Ltd [1993] 2 VR 221 as summarised in Dorter & Sharkey Building and Construction Contracts in Australia, Second Edition as setting […]
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