Hoteliers can breathe a little more easily thanks to the High Court’s recent rejection of two personal injury claims for damages totaling almost $1.2M. This comes on top of the Court’s same day rejection of a third claim arising from the death of an intoxicated patron, the subject of last week’s Legal Alert.
Earlier this year we reported on the outcome of this litigation before the Tasmanian Full Court. We said at the time that an intoxicated party recovering compensation will always grab a headline and that this case was no exception. Once again it has grabbed another headline.
Level crossing accidents attract a lot of media attention, usually because they involve serious injury and major damage. Litigation will often follow to recover damages for injury, property damage, loss of business profit or a combination of all these things.
For many years there has been tension between the legal principles governing the relationship between an employer and employee and those principles which govern the relationship between a principal and independent contractor.
This recent Supreme Court decision highlights the inherent power of the Court to compel a claimant to attend an independent medical examination even where that examination may cause pain, distress or discomfort.
This is an interesting New South Wales Supreme Court decision which considers many issues that typically arise in the average WorkCover claim today.
This landmark decision has re-defined the law governing the standard of care owed by a learner driver to his/her supervising passenger in the context of a personal injury claim
This very recent decision by Justice Byrne of the Supreme Court shows the Court is reluctant to place a restrictive interpretation on a party’s right to obtain further medical evidence after the signing of a Certificate of Readiness and convening of a Compulsory Conference.
The High Court has determined that the Roads and Traffic Authority [RTA] was not to blame for a motor vehicle accident at a known “black spot” as the drivers themselves were at fault.