The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.
The Court found APC proved historical child sexual abuse by Mr B. Her evidence was accepted, his conspiracy defence rejected, and damages were to be assessed.
The NSW Supreme Court found a binding agreement between Liu and Lam, rejected a partnership defence, and held the contractual default interest was unenforceable as a penalty.
Judge-alone trial in the NSW District Court. Wayne Green was found not guilty on four domestic violence counts after the judge found the complainant’s evidence unreliable.
Langdon v Carnival PLC t/as P&O Cruises Australia [2023] NSWSC 1406
Personal injury negligence claim from a cruise ship step collapse failed on causation. The Court found the later bathroom fall was the more likely source of ongoing symptoms.
['duty of care' 'causation' 'breach' 'civil liability' 'personal injury' 'personal injury on cruise ship' "factual causation - 'but for' test" 'scope of liability' 'credibility' 'damages' 'non-economic loss' 'economic loss']
The Court dismissed a negligence claim against an accountant over advice about a share transfer and stamp duty, finding the alleged negligent advice was not given.
['duty of care' 'accountant and client' 'negligent advice' 'credibility of witnesses' 'contemporaneous documents']
After a jury acquittal on three sexual assault counts, the District Court granted the applicant a costs certificate, finding it unreasonable to institute the prosecution.
['costs certificate' 'costs in criminal cases' 'reasonableness of instituting proceedings' 'acquittal after trial' 'evaluation of prosecution evidence' 'credibility of complainant evidence']
Bishoy Wahba Mansour v Bola Adel Awad [2022] NSWDC 334
Motor accident damages were assessed in a District Court trial, with limited allowances for past and future economic loss, future care, and future treatment after a 2015 collision.
['assessment of damages' 'past economic loss' 'future diminution of earning capacity' 'future treatment expenses' 'future paid care' 'medical assessment service certificates' 'conclusive evidence under motor accidents compensation act 1999 (nsw)' 'credibility and exaggeration of symptoms']
Sdrolias v Allianz Australia Insurance Ltd [2022] NSWCA 20
The Court of Appeal dismissed an appeal in a psychiatric injury claim, holding the trial judge was entitled to reject the plaintiff’s account and find causation not proved.
The High Court held the prosecutor’s Browne v Dunn cross-examination was improper and caused a miscarriage of justice, but the appeal was dismissed under the proviso.