by mcauley_admin | Aug 14, 2023 | Publication
Disputes often arise as to what constitutes common property and what constitutes lot property. This is particularly relevant in relation to the obligation of an owners corporation of a strata scheme to maintain and keep in a state of good and serviceable repair the...
by mcauley_admin | Aug 11, 2023 | Publication
In a landmark court decision, William Spedding (referred to as Mr. Spedding) successfully sued the State of New South Wales for malicious prosecution, misfeasance in public office, and collateral abuse of process. The case stemmed from Mr. Spedding’s arrest and...
by mcauley_admin | Aug 10, 2023 | Publication
The plaintiff brought proceedings against the defendant, Dr Nita Dhupar, an obstetrician and gynaecologist, claiming damages as a result of alleged professional negligence in relation to a failed tubal ligation (Filshie clip) surgery, performed in August of 2014. The...
by mcauley_admin | Aug 9, 2023 | Publication
When two or more persons or entities own real estate (normally as tenants in common), one or more may wish to retain the property and another may wish to sell the property. In these circumstances, the Conveyancing Act 1919 provides a mechanism by which...
by mcauley_admin | Aug 9, 2023 | Publication
The case of White v Redding NSWCA 152 highlights well the process the Court will undertake in considering negligence and compensation in sport injuries. Crucial to the plaintiff’s case was the fact that the plaintiff was not participating in the game but...