by mcauley_admin | Jun 2, 2023 | Publication
The case of Ward v The Trustees of the Roman Catholic Church for the Diocese of Lismore NSWSC 1776 illustrates well the test for an application for permanent stay of proceedings in an historical sexual abuse claim. The plaintiff commenced proceedings in...
by mcauley_admin | Jun 1, 2023 | Publication
The plaintiff, Ms Caruana, brought claims against the Ski Riders Hotel Motel after she sustained injuries as a result of falling on a step between the bathroom and bedroom of her motel room. The Ski Rider Hotel Motel is located at 10 Kosciusko Road, Wilson’s...
by mcauley_admin | May 26, 2023 | Publication
With the growing number of people in capital cities residing in strata schemes, and the increased number of strata schemes, disputes involving strata schemes are becoming increasingly prevalent. In New South Wales, one relevant piece of legislation is the Strata...
by mcauley_admin | May 25, 2023 | Publication
In 2016, Mr Dickson sustained serious injuries after receiving a spear tackle, or dangerous throw by an opponent, Mr Fletcher. The tackle happened to be filmed, and the film was later used as evidence. Mr Dickson pursed a claim against Mr Fletcher for damages in tort,...
by mcauley_admin | May 22, 2023 | Publication
In the recent decision of Hamlyn v Stanton (No. 3) NSWDC 632, the plaintiff, Mr Hamlyn, was diagnosed with prostate cancer at the start of 2017. He was informed by his Urologist and the defendant in this matter, Dr Stanton, that active treatment was needed....
by mcauley_admin | May 18, 2023 | Publication
In any dispute involving a lease, it is important to determine if the lease is a commercial lease or a residential lease. Commercial leases have legislation that is relevant including theConveyancing Act 1919, the Real Property Act 1900 and the Retail Leases...