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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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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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Contract

Ahmed v Phase Projects Pty Ltd

The Appeal Panel dismissed Farah Ahmed’s appeal and refused leave, upholding the Tribunal’s refusal of a refund, most damages claims, and CAD/copyright relief.

  • Breach of preliminary agreement
  • Leave to appeal
  • Weight of evidence
  • Causation and quantum
  • Fair and equitable orders
  • Cad files and copyright licence
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Property law

Nagaya v Athreiya

Neighbour tree dispute over minor driveway and fence damage led to targeted root pruning and dead-branch removal, but not tree removal.

  • Neighbouring tree
  • Damage to property
  • Causation
  • Root pruning
  • Branch removal
  • Discretionary orders
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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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Civil and administrative tribunal

Feat Active Pty Ltd t/a AW Design Build v Tellett

The Appeal Panel dismissed an internal appeal in a home building dispute, refusing leave on non-law grounds and upholding findings of statutory warranty breach.

  • Statutory warranties
  • Waterproofing defects
  • Causation
  • Procedural fairness
  • Leave to appeal
  • Question of law
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Administrative law

Insurance Australia Ltd t/as NRMA Insurance v Kirkpinar

Insurance Australia Ltd t/as NRMA Insurance v Kirkpinar [2025] NSWSC 162

The Supreme Court set aside a motor accident review panel decision for failing to determine causation for the lumbar spine injury and for inadequate reasons.

  • Judicial review
  • Medical assessment
  • Motor vehicle accident
  • Causation
  • Permanent impairment
  • Adequacy of reasons
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Anti-discrimination law

Quilty v Commissioner of Police, NSW Police Force

Quilty v Commissioner of Police, NSW Police Force [2025] NSWCATAD 56

The Tribunal dismissed a sex discrimination complaint against NSW Police, finding no evidentiary basis for differential treatment or causation.

  • Sex discrimination
  • Provision of services
  • Differential treatment
  • Causation
  • Sex-discrimination
  • Provision-of-services
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Civil procedure

Resolution Life Australasia Limited v AMP Limited; Munich Reinsurance Company of Australasia Limited v AMP Limited

Resolution Life Australasia Limited v AMP Limited; Munich Reinsurance Company of Australasia Limited v AMP Limited [2025] NSWCA 21

The Court of Appeal allowed interlocutory appeals over pleadings, holding s 55(3) SIS Act claims by RLA and Munich were arguable and should not be struck out.

  • Pleadings
  • Strike out application
  • Amendment of pleadings
  • Trustee duties
  • Statutory relief under sis act s 55(3)
  • Causation of loss
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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.