Tag Archives: Civil Liability Act

Auditor bears the risk

The NSW Court of Appeal handed down a decision on 23 May 2018 which will be of interest to auditors and their Professional Indemnity insurers.

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The importance of a good night’s sleep – hospital and psychiatrist asleep at the wheel

The District Court of New South Wales recently considered the duty of care owed by a hospital and treating psychiatrist to a patient who suffered injuries in a motor vehicle accident after being discharged from hospital. The hospital attempted to persuade the Court that the plaintiff was discharged in accordance with the psychiatrist’s orders, sought an indemnity from the psychiatrist and pleaded contributory negligence against the plaintiff. The psychiatrist denied negligence, sought an indemnity from the hospital, pleaded contributory negligence against the plaintiff and attempted to defend her conduct based upon peer professional opinion as to competent professional practice (section 5O Civil Liability Act – CLA).

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The NSW Court of Appeal confirms that a professional sport is a ‘recreational activity’

Mr Goode was riding a horse named ‘Shot of the Rails’ over 1,640 metres at the Queanbeyan Racecourse. Mr Angland was a jockey riding ‘Port Gallery’ in the same race. Shortly after the start of the race, Mr Goode was thrown from his mount when it fell. As a consequence, he sustained catastrophic injuries leaving him confined to a wheelchair for the rest of his life.

Mr Goode commenced proceedings, in the Supreme Court of NSW, against Mr Angland alleging that his loss, damage and injuries were caused by Mr Angland’s negligence or breach of duty by riding in such a manner as to cause interference to Mr Goode and his mount.

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Insurable Interest – Issue 43

Contents

Unproductive
To see or not to see
‘Yes’…then no
Trampoline park dodges appeal
When professional is unprofessional
Insurer must cover burnt out brothel with Comancheros affiliations
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No compensation for catastrophic injuries suffered by 14 year old criminal accomplice

In a decision handed down on 18 May 2017, the Supreme Court of Queensland denied compensation for catastrophic personal injuries suffered by a passenger who was complicit in the illegal use of a motor vehicle.

Background

On 8 February 2013, the then 14 year old plaintiff sustained severe head injuries when the stolen Toyota Hilux he was riding in lost control and crashed into a light pole. The vehicle was driven by the then 16 year old defendant.

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Surgery leads to paraplegia and liability

The Supreme Court of New South Wales considered the duty of care owed by an orthopaedic surgeon and anaesthetist to a patient during an operative procedure in Hobson v Northern Sydney Local Health District [2017] NSWSC 589.

Mr Hobson suffered from Noonan syndrome, a genetic disorder that prevents normal development of various body parts. The development of Mr Hobson’s chest was affected by the syndrome and he suffered from severe lordoscoliosis (backward and lateral curvature of the spine) resulting in breathing difficulties which required surgical intervention. It was determined that two separate surgical procedures would be required.

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Obvious risk – To see or not to see…

In Shannaoui v Perron Investment Pty Ltd1 the District Court of NSW recently considered obvious risk in the context of a raised concrete kerb within a shopping centre car park. Specifically, the Court was required to determine whether the kerb was an obvious risk, and if so, whether the occupier had a duty to warn the plaintiff of the risk of tripping.

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