Nicholas Gordon

Court of Appeal increases award of damages to dog attack victim

Beware of the dog – whether the risk of injury foreseeable and not insignificant – Civil Liability Act 2002 s 5B

Be careful where you walk when the lights go out – resolution of conflicting evidence

Court of Appeal confirms the primacy of the Civil Liability Act in determining negligence in occupiers' liability cases - Bader v Jelic [2011] NSWCA 255

Retrofitting 42 dump trucks with a safer access ladder at a cost of $850,000 was a reasonable precaution to be taken by a mining company

Purported exclusion of liability clause again rendered inoperable

Occupiers' liability – duty of care owed by on-site builder to sub-contractors in respect of safety of work site

Plaintiff fails to use rule in Jones v Dunkel and Section 5C of the Civil Liability Act to overturn judgment against her following fall down stairs - Youkhana v Di Veroli and Ors [2010] NSWCA 322

Beware of falling branches : Rhodes v Lake Macquarie City Council & Anor [2010] NSWCA 235

Cyclist Collides With a Metal Chain – Whether Obvious Risk Defence Under the Civil Liability Act Available