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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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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

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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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.