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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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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

Major v Sutherland Shire Council

Liability was admitted after a council railing gave way, and the District Court assessed damages for a plumber’s injuries, including pain, earning capacity and care.

  • Negligence
  • Damages
  • Non-economic loss
  • Future economic loss
  • Attendant care services
  • Loss of earning capacity
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Torts

Major v Sutherland Shire Council

Major v Sutherland Shire Council [2014] NSWDC 129

The court assessed damages after the council admitted liability for a defective railing that caused the plaintiff’s fall, awarding $278,392 plus costs.

  • Council liability
  • Damages assessment
  • Non-economic loss
  • Loss of earning capacity
  • Future economic loss
  • Attendant care
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Torts

Gaffney v Ward

Gaffney v Ward [2014] NSWDC 20

The court awarded Meagan Gaffney damages after a motor accident caused nervous shock from learning her children were injured, ending her singing career and reducing her earning capacity.

  • Motor vehicle accident
  • Nervous shock
  • Assessment of damages
  • Economic loss
  • Loss of earning capacity
  • Nervous-shock
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Torts

Ryan & another v A F Concrete Pumping Pty Ltd & another

Ryan & another v A F Concrete Pumping Pty Ltd & another [2013] NSWSC 113

A worker was injured by concrete ejected from an unsecured hose. The court found AF Concrete negligent, rejected claims against C & J, and awarded damages plus reimbursement to the insurer.

  • Damages
  • Loss of earning capacity
  • Workers compensation
  • Per quod servitium amisit
  • Negligence
  • Personal-injury
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Tort law

Matthews v Dent & Anor

Matthews v Dent & Anor [2010] NSWDC 68

A District Court personal injury award after a motor vehicle collision, with damages assessed at $715,687 for physical and psychological injuries, lost earning capacity, domestic help, and treatment.

  • Motor vehicle collision
  • Damages assessment
  • Motor accidents compensation
  • Physical and psychological injury
  • Loss of earning capacity
  • Domestic assistance
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Tort law

Morris v Karunaratne

Morris v Karunaratne [2009] NSWDC 346

The District Court held deceit was not available on the pleaded marriage facts, but found several batteries proved against the first defendant and awarded $197,500.

  • Deceit
  • Assault and battery
  • Statute of limitations
  • Damages
  • Causation
  • Loss of earning capacity
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Practice and procedure

Luke v Workers Compensation Nominal Insurer

Luke v Workers Compensation Nominal Insurer [2009] NSWSC 930

The NSW Supreme Court refused an interlocutory declaration about damages for funds management costs, holding the issue should be left for trial.

  • Declaration in interlocutory proceedings
  • Assessment of damages
  • Costs of funds management
  • Loss of earning capacity
  • Practice-and-procedure
  • Interlocutory-applications
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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.