Time to tart-up one’s Pleadings?
Is this the new normal when pleading claims under the MACA/Civil Liability Act? From Fairall v Hobbs [2017] NSWCA 82; 347 ALR 151 A fundamental problem in the way the respondent (the plaintiff below) and the primary judge approached the issue of the existence and scope of the duty of care in this case is that […]
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 MoreOccupiers 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 […]
Read More
