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“Not without my pick stick” – Picker Packer finds damages are just out of his reach

Most of us go through life thinking very little about pick sticks, but in the case of Smith v Coles Supermarkets Australia Pty Ltd, it was the humble pick stick that (almost) picked victory out of the jaws of defeat.
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Releasing the hounds – Defining ‘recreational activity’

Horse racing may be the ‘sport of kings’, but greyhound racing can still hold court.  
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You need to lift big to gain big (damages)

Powell v JFIT Holdings t/as New Dimensions Health and Fitness Centre - [2020] NSWDC 264  
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Win for insurers short-lived: NSW Court of Appeal overturns approach for addressing claims for luxury replacement vehicles

On 27 September 2019, we provided an update on the developments in the law relating to the vehicle hire industry, particularly exorbitant claims by plaintiffs for prestige (or luxury) replacement vehicles following vehicle accidents negligently caused by others.  A very recent NSW Court of Appeal decision has altered this position and we discuss the implications of the decision for the vehicle hire industry and insurers, below.
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Dangerous Recreational Activity

The treacherous path involved abseiling 10m down a sheer rock face and walking barefoot on wet rugged terrain and tidal rocks. While walking across a 30cm rock platform with a 4m drop, Ms Nihil slipped and fell. She was air-lifted to Royal North Shore Hospital having suffered injuries to her toes, feet and heels. After 3 months in a wheelchair, she was fortunately able to ambulate once again but continued to suffer ongoing impairment which she said brought her modelling career to a premature end.
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Higher decisions for hire cars: addressing exorbitant claims for replacement vehicles

On 3 September 2019, Basten J of the NSW Supreme Court delivered appeal Judgments in three cases heard concurrently and (for the time being) confirmed the correct approach for assessing damages in claims for hire vehicle costs following an accident.  
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A fall from a ladder resulted in liability against a manufacturer under the Australian Consumer Law with a finding of 30% contributory negligence

The Court of Appeal found that a ladder had a safety defect, which caused the appellant to fall, such that the manufacturer was liable for damages under section 138 of the Australian Consumer Law.
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Further Thoughts on the District Court’s power to determine “Commercial” Matters

There has been a further Supreme Court decision regarding the legislative anomaly which has created great uncertainty over the power of the District Court to determine “Commercial” matters. 
  • 15 Oct 2018

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Telephone + trolley = trouble; a plaintiff’s contributory negligence assessed at 25% on appeal

On 6 April 2014, Mr Bridge slipped and fell in a below ground carpark at Coles’ Coffs Harbour store.
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Hindsight is not always a wonderful thing

The recent decision by the Court of Appeal in Argo Managing Agency Ltd v Al Kammessy [2018] NSWCA 176 serves as a reminder that the duty of care owed by a contract cleaner in a shopping centre is not an expectation of “perfection”.
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Be the Change You Seek – Your Essential Guide to the 2018 Review of the General Insurance Code of Practice Final Report

On 26 June 2018, the Insurance Council of Australia (“ICA”) released its Review of the General Insurance Code of Practice final report (“the Final Report”).
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Water tight? The Queensland District Court considers the effect of a flood exclusion clause

The Queensland District Court recently considered the effect of a ‘flood exclusion clause’ arising out of the 2011 Brisbane floods.
  • 27 Jun 2018

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Child Sexual Abuse: all states now on board for National Redress Scheme due to start on 1 July 2018

In June 2018, the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (“the Bill”) was passed, establishing the National Redress Scheme for Institutional Child Sexual Abuse (“the Scheme”).
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When is that which occurred not an “Occurrence”?

In the recent case of Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance [2018] NSWCA 100, the NSW Court of Appeal looked at the meaning of “Occurrence” in a policy wording in the context of the distinction between the damage that occurred and what caused that damage to occur.
  • 13 Jun 2018

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