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CLA
Lesandu Blacktown Pty Ltd v Gonzalez [2013] NSWCA 8 Issue: whether an occupier owed a special duty of care to a customer assailed by a third party. Facts: BASTEN JA: At about 11.35am on 17 September 2008 Manuel Gonzalez, the respondent in this Court, approached the automatic sliding doors at the entrance to the Harvey...
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Meandarra Aerial Spraying Pty Ltd & Anor v GEJ Geldard Pty Ltd [2012] QCA 315 I refer to my earlier posting by way of the facts and background. Of interest, is Fraser JA’s judgment with whom the court agreed, regarding s.9 of the Civil Liability Act 2003 and the expression “not insignificant” in the context...
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State of Queensland v Nudd [2012] QCA 281 I refer to my earlier posting. The appeal court upheld the appeal and found for the State of Queensland: [19] As the primary judge observed, a small patch of water might be difficult to see even for a person conducting a specific inspection of the floor. That...
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Balnaves v Neil Clifford Smith & Anor [2012] QSC 192 Background The plaintiff was injured in a boating incident and a prior trial had apportioned liability at 65% against him. Damages had since been agreed save economic loss. The Plaintiff was the Executive Chairman of Southern Star Group Ltd (“SSG”) and considered he had “founded and...
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Monaghan Surveyors Pty Ltd v Stratford Glen-Avon Pty Ltd [2012] NSWCA 94 Issues: causation and the interplay under the Civil Liability Act 2002 (NSW), s 5D  and other intertwined legislation such as the Fair Trading Act 1987 (NSW), s 42 – whether elements of cause of action for misleading and deceptive conduct include negligence – whether position...
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McLean v Nominal Defendant [2012] QDC 73 Issues: both liability and quantum were in issue. Overview: the plaintiff was injured whilst walking home intoxicated by an unidentified vehicle on 08/03/2009 at 7pm. The accident was not witnessed and there were conflicting versions provided. However, McGill DCJ ultimately accepted by the nature of the injuries to...
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Moder v Commonwealth of Australia; Sochorova v Commonwealth of Australia [2012] QCA 92 Another example of a claim against the Commonwealth wherein such part of the claim which related to personal injuries, which had not complied with the Personal Injuries Proceedings Act 2002 (Qld) was dismissed. Furthermore, in this instance, the plaintiff claimed an award...
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Strong v Woolworths Ltd [2012] HCA 5 (7 March 2012) I refer to my previous posting and the judgment summary of the High Court by way of background and the facts. This long awaited decision is of some importance because of its consideration of causation under 5D of the Civil Liability Act 2002 (NSW) (“Act”)....
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Mitchell Morgan Nominees Pty Ltd & Anor v Vella & Ors [2011] NSWCA 390 The mortgagee suffered loss as a consequence of a solicitor failing to draft a mortgage which would have allowed it to foreclose. The matter was complicated because fraudsters had used forged documentation to obtain the ‘secured’ loan, which was in excess...
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Perfect v MacDonald & Anor [2012] QSC 11 Issues: contributory negligence and quantum, in particular future loss of earning capacity. Background: The plaintiff was 14 years at the time and 16 years of age at trial. He was a pedestrian who was walking partly on the road when he was struck by the extended mirror...
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