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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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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

S&P Gomes Pty Ltd ta Cohuna Hotel Motel v Sundar ta Sun Legal

S&P Gomes Pty Ltd ta Cohuna Hotel Motel v Sundar ta Sun Legal [2025] NSWSC 24

Solicitor found negligent in a hotel-motel purchase for failing to advise on pre-exchange inspections and contract terms; council claim failed.

  • Solicitor's duty of care
  • Scope of retainer
  • Contributory negligence
  • Limitation of liability
  • Causation
  • Loss assessment
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Tort law

Gause v Alderson

Gause v Alderson [2024] NSWCA 312

The NSW Court of Appeal dismissed the landlord’s appeal and allowed the cross-appeal, finding negligence over a smoke alarm and rejecting the intoxication reduction.

  • Negligence
  • Landlord's duty of care
  • Residential leases
  • Smoke alarm maintenance
  • Contributory negligence
  • Intoxication and causation
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Negligence

Daher v Gold & Eagle Constructions Pty Ltd

Daher v Gold & Eagle Constructions Pty Ltd [2024] NSWSC 1575

Workplace negligence case over a fall through a floor penetration at a renovation site. Gold & Eagle was liable; Steven Miller was not. Contributory negligence was assessed at 30%.

  • Work accident
  • Duty of care
  • Contributory negligence
  • Safe system of work
  • Liability apportionment
  • Negligence
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Torts

Milne v SDN Children’s Services and BRC Recruitment Pty Ltd

Milne v SDN Children’s Services and BRC Recruitment Pty Ltd [2024] NSWSC 1495

Negligence trial over a childcare-centre kitchen slip and fall. The Court found both defendants liable and held the fall materially aggravated the plaintiff’s pre-existing knee condition.

  • Negligence
  • Duty of care
  • Breach of duty
  • Causation
  • Damages
  • Non-delegable duty
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Administrative law

AAI Limited t/as GIO v Evic

AAI Limited t/as GIO v Evic [2024] NSWSC 1272

The Court held the Commission erred in construing “fault” in the MAI Act, but refused declaratory relief because it would have no practical effect between the parties.

  • Statutory construction
  • Interpretation of motor accident injuries act 2017 (nsw)
  • Contributory negligence
  • No-fault motor accident scheme
  • Declaratory relief
  • Statutory-construction
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Tort law

Avril Woodstock v Hospitality Industry Insurance Limited

Avril Woodstock v Hospitality Industry Insurance Limited [2024] NSWDC 438

The District Court found the employer liable for a workplace slip injury, rejected contributory negligence and mitigation arguments, and awarded $1,466,801 in economic loss.

  • Employer's non-delegable duty of care
  • Negligence
  • Causation
  • Contributory negligence
  • Mitigation of damages
  • Assessment of economic 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.