News
Ski Holiday Ends Early due to fall in Kosciusko Motel Room and Plaintiff unsuccessful in legal claim
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...
Disputes involving Strata Schemes
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...
The Intent to Injure: Court Rules on Liability in Rugby Tackle Case
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,...
Patient sues doctor after post-surgical complications, claiming it could have been avoided had an alternative been properly explained
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....
Commercial Leases v Residential Leases
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...
Chen v Kmart Australia Ltd – Assessment of Damages for Personal Injury of a Young Child
The NSW Court of Appeal has dismissed an appeal brought by an injured child after the NSW District Court awarded her following an injury to her right eyelid, $45,825 for non-economic loss (pain and suffering) and $5,000 for future economic loss. In January 2020, a...
5 Year Old Sustains Serious Injuries After Fall at Jetty and Successfully Sues Council
The NSW Court of Appeal has dismissed an appeal by Council and Trust in the decision of Coffs Harbour City Council v Polglase NSWCA 265. In late 2011, a 5 year old was walking along a jetty in Coffs Harbour with his Grandparents, when they moved towards the side...
Fairfield shopper denied damages following slip and fall
On 29 September 2016, the plaintiff, Ms Carnemolla, slipped and fell, injuring her left knee, in a common area at Neeta City Shopping Centre in Fairfield. Ms Carnemolla, by her mother as litigation tutor brought a claim against Arcadia Funds Management Ltd who...
17 year old awarded $670,200 after suffering burns to 44 percent of his body at a friend’s party
The plaintiff, Mr Tre Lawson suffered extensive burns when he was aged 17 years, on 6 November 2016 whilst he was on premises occupied by the defendant, Mr Raymond Hubbard. The court found that the injuries were incurred due to the negligence of the defendant and...
What is misleading or deceptive conduct?
The law in Australia recognises claims for misleading or deceptive conduct in some circumstances. The Australian Consumer Law which is set out in Schedule 2 of theCompetition and Consumer Act 2010 (Commonwealth) (which was formerly the Trade Practices Act...
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