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INSIDE |
50/50 |
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Court finds that contribution fights between defendants should end up 50/50 unless one defendant is clearly more at fault. ...read more |
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Broken Down |
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Is it negligent to leave a broken down car in the middle of the road? Not always. ...read more |
Contractors Unhinged from Principals
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The High Court retreats from a move towards making companies liable for the actions of independent contractors. ...read more |
| Case Closed |
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Cover under an ISR policy has been limited strictly to the wording of the public authority order provision.....read more |
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Supervening Stress |
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Liability for ongoing personal injury losses can be terminated by a subsequent disability if resulting from a natural cause. ...read more |
| All Genuine Offers Accepted |
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Calderbank offers won’t work if there is no genuine compromise offered....read more |
| With the Benefit of Hindsight |
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Drivers are usually blamed when a small child runs out onto the road. Not in this case....read more |
| Joint Privilege |
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This case answers the question of when an insurer can withhold a circumstances report from an insured because of privilege....read more |
| Document Retention and Destruction Legislation |
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This update will assist in bringing you up to date with the changes to the Act and the implications on your business. ...read more |
50/50
Andrew Lyle
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A baby suffered brain damage and developed cerebral palsy when her heart rate dropped during her delivery at hospital.
The evidence was that two actions could have caused the injury, namely pressure from the negligent use of forceps by the obstetrician and an overdose of a drug administered to the mother by a nurse.
The New South Wales Court of Appeal thought that one cause did not overcome the other, but that both were causes of the injuries.
The interesting feature of the decision is that the Court decided that where is it not possible to attribute a precise degree of fault between two wrongdoers, the fault should be apportioned 50/50. The Court apportioned responsibility 50/50 between the hospital (for the nurse’s negligence) and the obstetrician.
This is a useful, sensible decision. Often defendants haggle over, for example, 70/30 and 60/40 apportionments, when in reality both are more or less equally to blame: Diamond v Simpson. |
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