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CLA
Campbell v Hay [2014] NSWCA 129.   Meagher JA at [1]; Barrett JA at [7]; Ward JA at [10] 110 For the purposes of division 5 of the Civil Liability Act, a “dangerous recreational activity” is defined in s 5K as meaning a recreational activity that involves “a significant risk of physical harm”. Relevant activity...
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Chambers v Brice [2014] QSC 52   A useful review of the application of interest under the Civil Proceedings Act 2011.   Brisbane Barrister – David Cormack
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McKenna v Fraser & Anor [2014] QSC 14   The defendant submitted that s.11(3) of the Civil Liability Act 2003 (CLA) rendered inadmissible evidence of the plaintiff as to hypothetical considerations of earning capacity, which was premised on “had I not been injured”. His Honour Justice North held the limitation was in relation causation and...
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Lucantonio v Stichter [2014] NSWCA 5   McColl JA at [1], Basten JA at [96], Barrett JA at [145] 79 In order to establish that any breach of duty on the respondent’s part caused the appellant harm, the appellant had to establish that that negligence was a necessary condition of the occurrence of that harm,...
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Mikaera v Newman Transport Pty Ltd [2013] NSWCA 464   McColl JA at [1], Basten JA at [49], Macfarlan JA at [54] 33 Section 5R of the Civil Liability Act provides: “5R Standard of contributory negligence (1) The principles that are applicable in determining whether a person has been negligent also apply in determining whether...
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Gratrax Pty Ltd v T D & C Pty Ltd [2013] QCA 385   Further to my earlier posting, the appeal was dismissed and Fraser JA (with whom Morrison JA and Wilson J agreed) held: The correct approach to determine the necessary causal connection between breach of duty and a claimant’s loss and a supervening...
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Gratrax Pty Ltd v TD & C Pty Ltd [2013] QDC 63   JUDGE: McGill SC DCJ ORDER: Judgment that the Defendant pay the Plaintiff $12,901 including $4,154 by way of interest. CATCHWORDS: CONTRACT – breach – damages – causation – whether damages increased by unexpected voluntary inappropriate action of plaintiffNEGLIGENCE – causation – novus...
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Wright v KB Nut Holdings Pty Ltd [2013] QCA 66 The Court of Appeal reversed a judgement that last year saw a South Australian tourist fail in a lawsuit against Bonapartes Serviced Apartments in Spring Hill in which she claimed damages as a result of her hand being impaled on a discarded hypodermic syringe in...
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Dodge v Snell [2011] TASSC 19 Issue: whether a professional sportsperson fell within the exclusion of dangerous recreational activities. Wood J Discussion 257 The consideration of the meaning of the CL Act, s19, will begin with considering the natural and ordinary meaning of the words in their context. The definition of “recreational activity” is inclusive...
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Transpacific Industrial Solutions Pty Limited v Phelps [2013] NSWCA 31   In Kuhl v Zurich Financial Services Australia Ltd[1] it was observed: “To satisfy the element of causation on the case presented for Mr Kuhl to this Court, it would be necessary to identify the action which, on the available evidence, the trial judge could...
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