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Australia Case Law

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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

Demasi v State of New South Wales

The Court refused leave to appeal out of time from a Local Court negligence judgment, holding s 21(2) of the Pawnbrokers Act did not create a police duty of safekeeping.

  • Extension of time
  • Question of law
  • Statutory construction
  • Procedural fairness
  • Unrepresented litigant
  • Local court appeal
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Negligence

Secretary, Department of Communities and Justice v Soulos

The New South Wales Court of Appeal dismissed an employer’s appeal in a negligence claim arising from a documentary, holding psychiatric harm was reasonably foreseeable.

  • Duty of care
  • Reasonable foreseeability
  • Psychiatric injury
  • Foreseeability of harm
  • Negligence
  • Psychiatric-injury
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Negligence

Pratt v Ditton

Employer negligence claim over a steel-beam crush injury succeeded. The Court found a breach of duty, no contributory negligence, and awarded $1,030,742.67.

  • Employer duty of care
  • Crush injury
  • Breach of duty
  • Causation
  • Contributory negligence
  • Assessment of damages
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Negligence

Fuchs v Coles Supermarkets Australia Pty Ltd

In a negligence damages assessment, the Court awarded Suzanne Fuchs $907,375.50 after a 10% contributory negligence reduction, with a global buffer for future earning loss.

  • Non-economic loss
  • Past loss of earnings
  • Future diminution of earning capacity
  • Past care
  • Future care
  • Contributory negligence
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Negligence

Fazldeen v State of New South Wales

Fazldeen v State of New South Wales [2025] NSWDC 41

The plaintiff failed to prove a sexual relationship with a school staff member and, in any event, did not prove causation or loss. The claim was dismissed.

  • Duty of care
  • School liability
  • Employee conduct
  • Psychiatric injury
  • Civil liability act
  • Evidentiary weight of business records
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Civil procedure

Irfan v Western Sydney Local Health District

Irfan v Western Sydney Local Health District [2025] NSWSC 68

The court granted leave for the plaintiffs to rely on Professor Yan’s expert report in a medical negligence case about stroke care and clot retrieval.

  • Expert evidence
  • Medical negligence
  • Multiplicity of experts
  • Expert-evidence
  • Medical-negligence
  • Civil-procedure
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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.