Damages for ‘loss of use’ of a chattel has for many years been an unsettled area of the law, pleaded inconsistently by plaintiffs and, at times, miscategorised by the Courts resulting in conflicting judgments. The issue is particularly important in claims for damages involving replacement car hire when a person’s car is damaged by the […]
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Video: Negligence in relation to asbestos-contaminated waste
Principal Robert Crittenden and Dominic Priestley SC discuss the recent New South Wales Supreme Court decision (Ball J) in Bettergrow Pty Limited v TransGrid (No 2). Produced by BenchTV, this video explores some of the key facts and findings of the case, bringing to light an important discussion about the duty of care requirement. In particular, […]
Case note: Your Onus or Mine?
Refresher on damages for economic loss and domestic assistance where there are pre-existing conditions. Gulic v Angelovski[1] Facts Mr Gulic was injured in a motor vehicle accident (MVA) in 2004. In 2013, he commenced proceedings in the District Court of NSW at Sydney against separate firms of solicitors, alleging breach of duty by the solicitors […]
The duty of care requirement – not to be taken for granted
Bettergrow Pty Limited v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid (No 2) [2018] NSWSC 514[i] The recent New South Wales Supreme Court decision (Ball J) in Bettergrow v TransGrid (No 2) provides useful guidance on how the established elements of negligence should be applied in […]
70 years in the making: the Civil Liability (Third Party Claims Against Insurers) Act 2017
Since 1946 Section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (‘Section 6’) has been the main vehicle through which claimants in New South Wales have gained direct access to the liability insurance policies of other persons. However, Section 6 has long been the subject of criticism from the bench, bar table and solicitors […]
When is a duty of care owed in mental harm claims?
Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21: Facts: Glenn Wright (the ‘plaintiff’) claimed damages for psychological injury as a result of an attempt by Nathaniel George to murder him by throwing him from a roof balcony. The plaintiff sued Optus as the occupier of the premises […]
The insurer strikes back
The recent NSW Court of Appeal decision in Stealth Enterprises trading as The Gentleman’s Club v Calliden Insurance Limited (delivered on 5 April 2017) provides further guidance on: What must be disclosed by insureds when entering into and renewing contracts of insurance; and The burden of proof on insurers in relation to establishing what the […]
Attempted murder during offsite training: is the occupier liable for psychiatric injury?
Case note: Optus Administration Pty Limited v Glenn Wright by his tutor James Wright [2017] NSWCA 21: In overturning a decision of the Supreme Court of NSW, the Court of Appeal considered the application of section 32 of the Civil Liability Act 2002. By a 2:1 majority, the Court of Appeal found that an occupier […]
Video: Negotiating and evidence of a legal retainer
In a case concerning solicitor’s liability and the nature of a retainer, Meridian Lawyers Principal Robert Crittenden discuss the recent decision of the New South Wales Supreme Court (Hoeben CJ at CL) in Richtoll Pty Ltd v WW Lawyers (in Liquidation) Pty Ltd [2016] NSWSC 438, with Dominic Priestley SC (Barrister). Produced by BenchTV, the […]
Insurance insights: The pitfalls of lending a helping hand
Lending a helping hand is an ideal ingrained into the Australian psyche. Doing that little bit extra is something we often do without thinking twice about it. However, in light of the recent decision of the New South Wales Court of Appeal in South Sydney Junior Rugby League Club Ltd v Gazis1 workers may now […]
Foresights: recent case rulings challenge the status quo
Duty of disclosure: raising the bar Robert Crittenden, Principal at Meridian Lawyers, discusses how a recent Supreme Court of NSW decision has raised the bar for insureds in complying with the duty of disclosure. Case: Stealth Enterprises Pty Limited trading as The Gentleman’s Club v Calliden Insurance Limited [2015] NSWSC 1270 Watch the video.