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Torts

Peterkin v Tadros

The Court found the GP negligent for failing to properly investigate rectal bleeding and tenesmus, causing delayed cancer diagnosis and reduced life expectancy.

  • Duty-of-care
  • Standard-of-care-under-s-5o-civil-liability-act-2002-(nsw)
  • Breach-of-duty
  • Causation
  • Loss-of-life-expectancy
  • Contributory-negligence
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Torts

VLS3 v Osborne

Historical sexual abuse claim partly proved. The Court found some abuse on Council grounds, awarded compensatory and aggravated damages, and entered judgment for $461,046.02.

  • Historical-sexual-abuse
  • Assault-and-battery
  • Credibility-and-reliability-of-evidence
  • Psychiatric-injury
  • General-damages
  • Aggravated-damages
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Civil-procedure

DPC v Trustees of the Marist Brothers & Anor

The Court dismissed the Diocese’s application to withdraw its admission that it employed Hawkins, finding the explanation unsatisfactory and prejudice likely.

  • Withdrawal-of-admission
  • Pleadings
  • Amendment-of-defence
  • Prejudice
  • Case-management
  • Costs
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Tort

Rayman v Brown

The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.

  • Duty-of-care
  • Civil-liability-act-2002-(nsw)-s-5b
  • Conveyancing-act-1919-(nsw)-s-177
  • Proportionate-liability
  • Damages-for-diminution-in-value
  • Improperly-obtained-evidence
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Civil-procedure

Zarounas v State of New South Wales

The Supreme Court granted Andrew Zarounas leave nunc pro tunc to commence and maintain proceedings against New South Wales under the Felons (Civil Proceedings) Act.

  • Leave-to-proceed-by-person-serving-sentence-for-serious-indictable-offence
  • Nunc-pro-tunc-leave
  • Alleged-sexual-assault-at-school
  • Non-delegable-duty-of-care
  • Vicarious-liability
  • Civil-procedure
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Torts

Radovanovic v Workers Compensation Nominal Insurer

The plaintiff succeeded in a work injury damages claim after a lift malfunction caused jarring injuries. Damages were assessed at $871,284, with judgment for $315,438.30 after set-off.

  • Work-injury-damages
  • Negligence
  • Credibility-of-evidence
  • Loss-of-earning-capacity
  • Superannuation-loss
  • Fox-v-wood-damages
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Torts

Zou v Ji

The Court held that the second defendant engaged in misleading or deceptive conduct by passing on a false invoice and oral representations about a direct JBX supply relationship.

  • Misleading-or-deceptive-conduct
  • Deceit
  • Damages
  • Reliance
  • Agency
  • Apportionment-of-liability
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.