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Bicycle v truck – truck reigns supreme; wrong decision made in the “agony of the moment” – a look at Stuart v. Walsh [2012] NSWCA 186

Australia - March 28 2014 Stuart v. Walsh is an interesting case whereby a 73 year old cyclist, Walsh, who, whilst riding his bicycle, was struck by a truck driven by Stuart…

Invalid offer leaves plaintiff breathing sigh of relief

Australia - January 25 2013 In Armstrong v. Allianz,1 McMeekin J refused to factor in a faxed Offer to Settle, made by the defendant pursuant to r.361 of the Uniform Civil…

‘Principal owes no duty’; Stevens v Brodribb stands the test of time

Australia - June 4 2012 One might say, rightly, that the law governing when a principal might owe an employee of an independent contractor a duty of care is well settled.

Lithgow City Council v. Jackson [2011] HCA 36 (28 September 2011)

Australia - October 11 2011 The High Court has upheld the appeal in Lithgow City Council v. Jackson [2011] HCA 36, holding that the exception to the inadmissibility of opinion evidence under s78 of the Evidence Act 1995 (NSW) (EA) is limited to the purpose of permitting “… the reception of an opinion where the primary facts on which it is based are too evanescent to remember or too complicated to be separately narrated” (per French CJ, Heydon and Bell JJ at [48]).

Principal’s duty ‘set in stone’

Australia - April 1 2011 The plaintiff, Tricia Pahi, sustained a repetitive strain injury to her left wrist whilst engaged in the work of repackaging ice cream products for Unilever Australia Limited t/as Streets Ice Cream (Streets).