Is forgiveness a weakness?
I often get asked to advise on disputes. Most of the time the parties are well entrenched. They are reluctant to back down from their position. Sometimes things turn ugly. Forgiveness it’s often seen as a sign of strength. It takes emotional resilience and maturity to forgive someone, especially if they’ve hurt you deeply. Forgiving […]
Read Moreres ipsa loquitur?
No thanks I’ve had a glass already. No really…what does it mean ? OK here’s a brief summary. The scope and effect of the principle of res ipsa loquitur have been decisively settled by the High Court: Schellenberg v Tunnel Holdings Pty Ltd (2000) 200 CLR 121. The principle is not a distinct, substantive rule […]
Read MoreTruth 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 […]
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 […]
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