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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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Torts

APC v Mr B (No 2)

APC v Mr B (No 2) [2024] NSWSC 1608

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.

  • Historical child sexual abuse
  • Damages assessment
  • Credibility
  • Aggravated and exemplary damages
  • Freezing orders
  • Suppression orders
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Contract law

Liu v Lam

Liu v Lam [2024] NSWSC 1306

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.

  • Agreement formation
  • Offer and acceptance
  • Intention to create legal relations
  • Indemnity
  • Credibility
  • Partnership existence
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Criminal law

R v Green

R v Green [2024] NSWDC 638

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.

  • Assault occasioning actual bodily harm
  • Intentional strangulation
  • Domestic violence
  • Standard of proof
  • Assessment of credibility
  • Criminal-law
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['tort law' 'personal injury' 'negligence']

Langdon v Carnival PLC t/as P&O Cruises Australia

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']
  • Negligence
  • Causation
  • Personal-injury
  • Damages
  • Credibility
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['negligence' 'evidence']

Gu v Kam & Beadman Pty Ltd

Gu v Kam & Beadman Pty Ltd [2022] NSWSC 1350

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']
  • Negligence
  • Accountant-client
  • Stamp-duty
  • Credibility
  • Contemporaneous-documents
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['criminal procedure' 'costs' 'criminal law']

R v DS

R v DS [2022] NSWDC 441

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']
  • Criminal-procedure
  • Costs-certificate
  • Acquittal
  • Prosecution-evidence
  • Credibility
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['personal injury' 'motor accidents' 'damages' 'evidence']

Bishoy Wahba Mansour v Bola Adel Awad

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']
  • Motor-accident-damages
  • Future-economic-loss
  • Past-economic-loss
  • Future-paid-care
  • Medical-assessment-service
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Negligence

Sdrolias v Allianz Australia Insurance Ltd

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.

  • Psychiatric injury
  • Causation
  • Pure mental harm
  • Fact-finding on credibility
  • Post-traumatic stress disorder
  • Psychiatric-injury
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Criminal law

Hofer v The Queen

Hofer v The Queen [2021] HCA 36

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.

  • Appeals
  • Miscarriage of justice
  • Sexual offences
  • Rule in browne v dunn
  • Proviso application
  • Procedural fairness
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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.