Search 200 case studies by name, citation, injury or legal issue, and combine your search with a category. The collection includes successful claims, dismissed claims and appeals.
These are analyses of published judgments, not Park & Co Lawyers' case results or a statistical sample. Historical awards do not predict your recovery; the accident date and applicable law matter.
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200 case studies
Kawicki v Trustees of the Marist Brothers t/as Marist Brothers Sydney Province [2026] NSWCA 220 · Court of Appeal of New South Wales
A survivor who had recovered damages for childhood sexual abuse unsuccessfully appealed the refusal of past economic loss. The majority held that acceptance of psychiatric harm did not, on this evidence, establish a resulting loss of earnings.
Read the case studyCaller v State of NSW [2026] NSWCA 212 · Court of Appeal of New South Wales
A police officer with PTSD from repeated operational trauma sought damages for inadequate preventive measures. The Court upheld dismissal because, despite a record-keeping breach, the evidence did not establish that better precautions would probably have changed the outcome.
Read the case studyPeterkin v Tadros [2026] NSWSC 1185 · Supreme Court of New South Wales
The Court found that a GP’s failure to investigate symptoms and refer a patient led to delayed rectal cancer diagnosis, additional consequences and reduced life expectancy. This judgment determined liability only; a consequential judgment on 28 October 2026 awarded A$421,625.49 after a 35% reduction for contributory negligence.
Read the case studyPratt v Ditton [2026] NSWSC 1041 · Supreme Court of New South Wales
An employer breached its duty to provide a safe system when a worker approached unloaded steel beams on a supervisor's instruction and suffered a crush injury. The court rejected contributory negligence but discounted economic loss by 30% for the likelihood of irregular employment without the accident.
Read the case studyRadovanovic v Workers Compensation Nominal Insurer [2026] NSWDC 314 · District Court of New South Wales
A plasterer suffered neck, shoulder and back injuries when a goods lift malfunctioned, jolted and dropped between floors at a construction site, leaving him unable to return to work. After the employer was deregistered, the Court assessed economic damages of AUD 871,284 against the Nominal Insurer and entered a net judgment of AUD 315,438.30 after crediting prior weekly compensation.
Read the case studyBevan v Smith [2026] NSWDC 260 · District Court of New South Wales
A resident sought damages after a neighbour's dog jumped up and knocked her over in a shared driveway. The Court dismissed the claim, finding neither a statutory attack nor negligence proved.
Read the case studyTicehurst v Peabody Energy Australia Pty Ltd [2026] NSWDC 248 · District Court of New South Wales
A haul-truck operator injured on rough, rain-affected mine roads succeeded in his damages claim against his employer. The Court found that instructions to drive to the conditions did not provide an adequate safe system and entered judgment for AUD 1,315,823.38 after deduction, reserving interest and granting a conditional stay.
Read the case studyWard v Endeavour Coal Pty Limited [2026] NSWSC 557 · Supreme Court of New South Wales
A mine fitter suffered a devastating permanent arm injury when his elbow was caught between a specialised underground vehicle and mining equipment. The Supreme Court found negligent driving and breach of the mine operator’s non-delegable duty, assessing total damages at AUD 3,588,174.17; a later costs judgment substituted orders requiring deduction of AUD 708,816.29 in compensation repayments and imposed a partial stay.
Read the case studySukkarieh v Queensland Property Investments Pty Limited [2026] NSWDC 141 · District Court of New South Wales
A warehouse worker claimed lasting neck and shoulder injury after another powered pallet loader struck his stationary machine. The Court awarded damages for injury including aggravation of degeneration, while holding that an admission of the impairment threshold did not establish causation for every economic loss claimed.
Read the case studyMacLean v Richmond Valley Council [2026] NSWCA 66 · Court of Appeal of New South Wales
A pedestrian's appeal following a trip over a footpath lip of about 23 mm was dismissed. Failure to repair within the council's internal policy timeframe did not itself establish a breach of its legal duty of care.
Read the case studyGibbons v Springvale Coal Pty Ltd [2026] NSWDC 181 · District Court of New South Wales
An underground coal miner twisted his right knee while walking through submerged uneven ground, worked on restricted duties and later underwent total knee replacement. The District Court held that, despite congenital alignment and pre-existing degeneration, the November 2024 work event exacerbated the disease and led to surgery and incapacity, warranting weekly compensation and treatment expenses under the preserved coal-miner provisions.
Read the case studyHussain Al-Azam v Ahmed Khagany [2026] NSWDC 29 · District Court of New South Wales
After default judgment on liability, the court assessed damages for a man injured while helping clean a roof. It accepted physical injury, aggravation of pre-existing psychiatric conditions and substantial care needs; the earnings claim had been withdrawn.
Read the case studyCheng v Jones Lang Lasalle (NSW) Pty Ltd [2026] NSWDC 12 · District Court of New South Wales
A shopping-centre occupier was liable after a visitor tripped on a services cover carrying power to a pop-up store in a common walkway. The existing warnings became visible too late from her direction of approach, but her failure to look where she was walking justified a 25% reduction for contributory negligence.
Read the case studySoulos v Secretary, Department of Communities and Justice (Family and Community Service) [2025] NSWDC 548 · District Court of New South Wales
A child-protection caseworker suffered psychiatric injury after interpreting a documentary encouraged by her employer as blaming her for a client's death. The court found a failure to take precautions, and the judgment survived a 2026 appeal on the issues and concessions on which the parties had conducted the case.
Read the case studyWunderwald v Randwick City Council [2025] NSWDC 466 · District Court of New South Wales
A six-year-old child suffered a deep forehead and scalp laceration when a tall round cafe table toppled as she held its edge. The District Court found the council negligent for not fixing or removing the easily toppled tables, but the Court of Appeal later preserved liability, removed the speculative $50,000 future-earning buffer and reduced the judgment to $125,300.
Read the case studyScott v Usinch Pty Ltd [2025] NSWSC 983 · Supreme Court of New South Wales
A labour-hire worker struck by a metal stillage falling from a forklift established negligence by both the abattoir operator and his employer. This judgment determined liability and assessment principles, with two later judgments resolving the amounts and different costs consequences.
Read the case studyMammoliti v Oriental Massage Burwood Pty Ltd [2025] NSWDC 298 · District Court of New South Wales
The Court held a massage business liable after forceful twisting of a customer's ankle caused ligament damage. It limited future damages to reflect the prospect of corrective surgery and awarded no non-economic loss because the statutory threshold was not met.
Read the case studyGeorge v State of New South Wales [2025] NSWDC 292 · District Court of New South Wales
A workplace psychiatric injury claim turned on lost earnings and superannuation. The court examined why the claimant could not work and which losses the defendant had caused.
Read the case studyAgrigrain Pty Ltd v Rindfleish [2024] NSWCA 295 · Court of Appeal of New South Wales
After a grain-facility worker obtained damages against the parent company responsible for site safety and maintenance, the Court of Appeal confirmed that a separate subsidiary was his employer. It also rejected the parent's limitation and damages challenges, leaving the trial award intact.
Read the case studyHardy v Eclipse K9 Security Pty Ltd [2024] NSWDC 602 · District Court of New South Wales
A Rottweiler ran onto a public road and collided with a motorcycle, throwing the rider off and causing an elbow fracture and knee injuries. After default judgment was entered because the defendant filed no defence, the Court assessed damages under s 25 of the Companion Animals Act 1998 (NSW) and the Civil Liability Act 2002 (NSW), entering judgment for $460,998.99.
Read the case studyKmart Australia Limited v Marmara [2024] NSWCA 249 · Court of Appeal of New South Wales
Kmart's liability to a customer struck by a boxed bicycle falling from another shopper's trolley was upheld on appeal. An optional loading-dock collection procedure did not adequately address the risk shown at this store.
Read the case studyPolsen v Harrison [2024] NSWCA 224 · Court of Appeal of New South Wales
A medical negligence appeal concerning discharge after sleeve gastrectomy was dismissed. The Court explained that the question was whether the conduct met widely accepted competent professional practice in Australia at the time, rather than which competing expert approach the judge preferred.
Read the case studyManhattan Homes Pty Limited v Burnett [2024] NSWCA 219 · Court of Appeal of New South Wales
A worker carrying tiles fell through unsupported boards partly covering a stairwell void and sustained severe spinal and brain injuries. The Court of Appeal preserved the builder’s and employer’s liability and most of the damages assessment, but found 20% contributory negligence because the worker knew the supports were missing, and removed airfare expenses that were not causally connected to the injuries.
Read the case studyValue Constructions Pty Ltd v Badra [2024] NSWCA 181 · Court of Appeal of New South Wales
A builder remained liable when a renderer fell through an inadequately covered drain concealed by black plastic. Its appeal failed on liability but succeeded in adjusting the judgment sums under the workers compensation legislation.
Read the case studyStobbe v Swadling Developments Pty Ltd [2024] NSWDC 290 · District Court of New South Wales
A subcontract carpenter suffered knee and ankle injuries when rain-soaked gyprock sheets stored upright collapsed, and the Court found the principal contractor negligent for failing to store them dry and flat and for providing no safety instruction. Contributory negligence was rejected and several heads of damage were assessed, but the final total was left for agreement or further assessment.
Read the case studyHornsby Shire Council v Salman [2024] NSWCA 155 · Court of Appeal of New South Wales
The Court of Appeal majority upheld a finding that a council was liable after a playground user rolled her ankles and fell at the junction between mulch and rubber surfacing. The council had twice been advised before the accident that the low mulch created trip points and should be replenished, and the majority accepted that taking that precaution would have prevented the fall.
Read the case studyCarmichael v Ravensworth Surface Operations Pty Limited [2024] NSWDC 389 · District Court of New South Wales
A bulldozer operator at an open-cut coal mine established a work injury when a degenerate disc ruptured as he rose and turned in the cabin. The Court awarded weekly compensation and treatment expenses for a defined period despite his pre-existing spinal disease.
Read the case studyBates v Stratford Coal Limited [2024] NSWDC 693 · District Court of New South Wales
A coal-mine haul-truck driver claimed weekly compensation after neck pain and left-arm symptoms appeared the morning after his truck crossed a road depression. The Court found no causal work injury because he remained symptom-free through the shift, trip home and bedtime, with symptoms emerging about 16.5 to 17 hours after the event against a background of longstanding degenerative change.
Read the case studyRoberts v Shimmin [2024] NSWDC 171 · District Court of New South Wales
The court found that incorrect positioning of a knee replacement component caused pain and instability in a patient without a kneecap. A professional-practice defence failed because the evidence did not establish acceptable practice for her particular anatomy.
Read the case studyHodson v Hurex Pty Ltd and Lederer Pty Ltd [2024] NSWDC 143 · District Court of New South Wales
A shopping-centre cleaner claimed damages after being called to work following a fatal loading-dock accident, and the District Court held both the labour-hire employer and host occupier liable for his psychiatric injury. The Court of Appeal later allowed both defendants’ challenges and set aside the trial result, so this decision is important as an overturned first-instance analysis rather than the final outcome.
Read the case studyRahman v Stibbard [2024] NSWDC 131 · District Court of New South Wales
After liability was admitted for a 2017 road collision, the Court found that injuries without fracture had nevertheless developed into chronic back pain, depression and post-traumatic stress disorder that materially restricted the plaintiff’s driving work and domestic capacity. Although non-economic loss did not meet the statutory threshold, judgment was entered for a historical total of AUD 646,976.77 for economic loss, treatment, attendant care and a Fox v Wood component.
Read the case studyRJ bht RPC v State of New South Wales [2024] NSWDC 128 · District Court of New South Wales
A school was held liable after failing to take adequate precautions against another student's known behaviour targeting a student with a disability. The court assessed psychiatric and limited future losses but left the final total, including funds-management costs, for further calculation and orders.
Read the case studyJackson v Furner [2024] NSWCA 66 · Court of Appeal of New South Wales
An open-house visitor was injured on a wet sloping driveway that had recently been painted. The Court of Appeal upheld the rejection of evidence that non-slip paint had been used and dismissed the owners' and estate agency's appeal.
Read the case studyChopra v NSW Health Service - South Western Sydney Local Health District [2024] NSWDC 76 · District Court of New South Wales
An emergency-department nurse was seriously assaulted after being left alone with an agitated patient who had been assessed as requiring one-to-one special supervision. The Court held that the absence of the special nurse, the second rostered nurse and security oversight, compounded by the ineffective duress response, breached the employer’s non-delegable duty to provide a safe system of work.
Read the case studyHealth Care Corporation Pty Ltd t/as Wollongong Private Hospital v Cleary [2024] NSWCA 57 · Court of Appeal of New South Wales
A patient suffered nerve damage after his hospital bed struck a wall the day after spinal surgery. The Court upheld negligence and causation but reduced damages to AUD 350,187.60 because some heads of loss were unsupported or conceded.
Read the case studyGeraci v Ketchban [2024] NSWDC 70 · District Court of New South Wales
In assessing a passenger's damages after a side-impact collision, the Court separated continuing neck and back symptoms from difficulties obtaining work that already existed. It accepted an accident-related loss of earning capacity but used lump-sum buffers for past and future loss because her employment prospects were uncertain even without the collision.
Read the case studyMacari v Snack Brands Foods Pty Ltd [2024] NSWSC 139 · Supreme Court of New South Wales
A labour hire worker injured on factory steps alleged that starchy water or potato debris had caused his fall. The Court accepted that he slipped and was injured but dismissed the claim because the alleged hazardous condition and a failure to take effective precautions were not proved; his later appeal also failed.
Read the case studyBarati v One World Metal Recycling Pty Ltd t/as One World Metal Recycling Pty Ltd [2024] NSWDC 25 · District Court of New South Wales
An inexperienced vehicle dismantler injured his hand on a loaded torsion bar, and learning by watching co-workers was held inadequate for that hazard. The Court assessed his physical and psychiatric restrictions against real employment prospects and awarded economic damages after crediting workers compensation weekly payments.
Read the case studyCox v DAC Finance (NSW/QLD) Pty Limited & Anor [2024] NSWDC 22 · District Court of New South Wales
The District Court held the owner and business operator of an aged-care facility liable after an assistant in nursing suffered a back injury when an elevator stopped abruptly during an unannounced emergency-power test, entering historical judgment for AUD 925,435.42. On 16 July 2024, however, the NSW Court of Appeal set that judgment aside and entered judgment for the defendants because the relevant conduct was attributable to employees of the plaintiff’s employer and the evidence did not establish a breach by the sued companies.
Read the case studyLangdon v Carnival PLC t/as P&O Cruises Australia [2023] NSWSC 1406 · Supreme Court of New South Wales
Carnival admitted that a collapsing pool step breached its duty of care, but the passenger did not prove that the incident caused the continuing injuries claimed. The dismissal of his claim was upheld on appeal in 2024.
Read the case studyCase v Sydney Trains [2023] NSWDC 361 · District Court of New South Wales
Sydney Trains admitted liability to a passenger injured when a train struck the buffer stop at Richmond. Limited evidence of her working pattern and the effect of her injuries on earning capacity led to damages of AUD 11,526.40, with interest ordered separately.
Read the case studySynergy Scaffolding Services Pty Ltd v Alelaimat [2023] NSWCA 213 · Court of Appeal of New South Wales
A labour-hire employer remained responsible for a worker injured by falling scaffolding while working under its client's direction. Employer liability did not itself establish contribution between defendants, and the financial consequences must be read with the Court's 2024 consequential reasons.
Read the case studyWalsh v Yang & Ors [2023] NSWDC 307 · District Court of New South Wales
A resident slipped on wet external tiled stairs after the owners had been alerted by an earlier fall but took no simple precautions. Although building and local-authority exclusions were engaged on the policy wording, the insurer could not rely on them because it had not clearly informed the insureds of their effect as required by the federal Insurance Contracts Act.
Read the case studyGomez v Woolworths Group Limited [2023] NSWDC 221 · District Court of New South Wales
Ms Gomez’s claim failed because the supermarket’s missed inspection was not shown to have caused her fall. The dismissal was upheld on appeal in 2024, and the trial judge’s contingent damages assessment was not an award.
Read the case studyCoalroc Contractors Pty Ltd v Matinca (No 2) [2023] NSWCA 127 · Court of Appeal of New South Wales
A coal miner was injured driving home after long shifts, but evidence that fatigue increased the risk did not establish that it caused this crash. The Court of Appeal also rejected unsupported findings that a travel plan and rest break would have prevented the accident, and set aside the judgment against his employer.
Read the case studyClancy v The Nominal Defendant [2023] NSWDC 186 · District Court of New South Wales
A jeweller injured by an unidentified vehicle established substantial injuries and occupational loss. The court distinguished theoretical ability to perform work from practical earning capacity, assessing his residual capacity at $250 a week.
Read the case studyAli Khan Babayi v Eden Park Fruits Pty Ltd [2023] NSWSC 473 · Supreme Court of New South Wales
A worker injured while pruning apple trees sued the orchard occupier and his employer's insurer after falling from a ladder. The Court rejected the claim because the mechanism of the fall was not reliably established and neither defendant was shown to have breached its duty of care.
Read the case studyBennett v Newcastle City Council (No. 2) [2023] NSWDC 665 · District Court of New South Wales
A patron fell on steps she could not see during a performance, and the court found the council liable for failing to check the stair markings under actual darkened conditions. Judgment was entered for AUD 49,034.05 with costs and no contributory reduction; a later decision confirmed that amount but refused indemnity costs.
Read the case studyMt Owen Pty Ltd v Parkes [2023] NSWCA 77 · Court of Appeal of New South Wales
A mine operator was vicariously liable when a labour-hire mechanic was injured by another supplied worker during bulldozer maintenance because the operator had authority over, and exercised control of, the work. The majority nevertheless set aside the judgment against the labour-hire company, finding that its own separate negligence and causation had not been established.
Read the case studyAntaw v Valks [2023] NSWSC 310 · Supreme Court of New South Wales
A motorcycle test ride on a farm left the rider with a serious brain injury. The motor accident scheme did not govern the claim. The court assessed unpaid assistance and future paid support separately, on the evidence for each.
Read the case studyClark v Blackstock [2023] NSWDC 60 · District Court of New South Wales
The court assessed damages for pain, altered appearance and psychiatric harm following implant replacement surgery. Liability had already been established by default judgment after the doctor failed to participate, and the court evaluated the evidence before awarding damages including corrective treatment.
Read the case studyHammond v Blackstock [2023] NSWDC 51 · District Court of New South Wales
A nurse sought damages for physical and psychological disability following breast augmentation surgery. After default judgment on liability, the Court assessed lost nursing capacity, corrective treatment and domestic assistance and awarded AUD 1,378,241.70.
Read the case studyKelly v Blackstock [2023] NSWDC 48 · District Court of New South Wales
The court assessed damages after default judgment for a patient left with persistent pain, scarring and functional restrictions following cosmetic surgery. Continuing employment did not defeat loss of earning capacity, and the assessment addressed physical and emotional effects alongside future paid domestic assistance.
Read the case studyMoore v Ballina Shire Council [2022] NSWDC 691 · District Court of New South Wales
An e-bike rider initially succeeded after falling while avoiding a bollard on a shared path, but the judgment was set aside on appeal. The case illustrates the need to assess a remaining bollard's purpose and risks prospectively.
Read the case studyCook v Siperki [2022] NSWDC 665 · District Court of New South Wales
A vehicle turning right from a driveway collided with a speeding motorcycle, with the driver's failure to look and give way held to be the main cause. The rider's excessive speed also contributed, resulting in a 25% reduction for contributory negligence.
Read the case studyMcGoldrick v Dendrobium Coal Pty Ltd [2022] NSWSC 1341 · Supreme Court of New South Wales
After a mining engineer was buried by coal and rock underground and left with permanent foot disability, the employer admitted negligence and the Court assessed a real but uncertain future loss of earning capacity by way of a buffer. The assessment was upheld in full on appeal, which records a historical verdict total of AUD 898,691.86.
Read the case studyWilliams v Fraser [2022] NSWCA 200 · Court of Appeal of New South Wales
A radiologist admitted negligently failing to identify a spinal defect, but the patient did not prove that the omission caused her surgery and chronic pain. The appeal failed because the evidence did not establish that timely treatment would probably have avoided surgery.
Read the case studyOsman By His Tutor Osman v Clement [2022] NSWDC 385 · District Court of New South Wales
The court found both drivers negligent after a young motorist collided with a truck turning across his path. It assessed damages at AUD 988,703 after a 50% contributory negligence reduction, subject to further provision for funds management and final orders.
Read the case studyDevic v AMP Capital Investors Limited [2022] NSWDC 371 · District Court of New South Wales
A shopper injured after misstepping onto the side of a kerb ramp failed in her claim against the shopping centre occupier. The Court found that yellow markings adequately drew attention to the change in level and that reasonable care did not require additional barriers or different colours.
Read the case studyYin v Sidhu [2022] NSWDC 251 · District Court of New South Wales
The owner accepted liability under s 25(1) of the Companion Animals Act 1998 after his large dog attacked the plaintiff on a public footpath, causing serious left-hand wounds and psychological consequences. The Court separately assessed her personal-injury losses and property damage for treatment of her injured companion dog, entering historical judgment for AUD 225,000.
Read the case studyWoods v Murray River Council [2022] NSWDC 120 · District Court of New South Wales
A council worker suffered a spinal injury while carrying heavy pipes by hand under his supervisor's directions. The court found an unsafe system of work and a total practical loss of earning capacity, leaving the final judgment calculation, costs and interest for further orders.
Read the case studyRaad v Cossey [2022] NSWDC 59 · District Court of New South Wales
A vehicle owner sought damages after being injured while travelling with an unlicensed, drug-affected driver. The Court rejected liability because his involvement in supplying drugs and encouraging the journey made recognition of a duty of care inappropriate in these exceptional circumstances.
Read the case studyConnolly v Tweed Shire Council [2022] NSWDC 29 · District Court of New South Wales
Connolly sought damages from the council after a gangway detached while he was using a wharf to go fishing. The Court found it more likely that a retaining nut had recently been deliberately removed by an unknown person, and that negligent inspection or maintenance by the council had not been proved.
Read the case studyArmin Damirdjian v Nominal Defendant & Zaya [2021] NSWDC 703 · District Court of New South Wales
A motorcyclist who fell while avoiding a white van making a sudden U-turn won at trial against its alleged owner. In 2022, the Court of Appeal overturned the vehicle identification finding and held that liability lay with the Nominal Defendant, while rejecting contributory negligence.
Read the case studyThorn v Monteleone; Thorn v Kelly [2021] NSWCA 319 · Court of Appeal of New South Wales
Transport operators argued that surveillance footage undermined the damages awarded to a worker injured while helping unload sheep from a truck. The Court dismissed both their damages appeal and their separate appeal concerning the employers' recovery of workers compensation payments.
Read the case studyNestlé Australia Ltd v Metri [2021] NSWCA 303 · Court of Appeal of New South Wales
A reach forklift accelerated and decelerated erratically, throwing its operator from the cab and causing a severe leg injury, after a similar malfunction in the same vehicle had been reported six days earlier. The Court of Appeal upheld the finding that the employer’s inadequate system for communicating the fault and keeping the forklift out of service until diagnosis and repair caused the injury.
Read the case studyTop Hut Banoon Pastoral Co Pty Ltd t/as Trustee for the Wakefield Family Trust v Walker [2021] NSWCA 296 · Court of Appeal of New South Wales
An occupier's appeal failed after a shearers' cook was injured when an accommodation step collapsed. The court upheld dismissal of the contribution claim against her employer and left the historical damages award of AUD 992,866.34 intact.
Read the case studyBol’Shakov v Fulton Hogan Industries Pty Ltd [2021] NSWDC 613 · District Court of New South Wales
A roadworker injured his back lifting a heavy jackhammer stuck in asphalt, and the Court found that his employer had failed to provide a safe system with suitable equipment, training and supervision. It rejected contributory negligence based on his declining colleagues' offers to swap tasks and entered damages judgment after a workers compensation offset.
Read the case studyDoyle v Webb [2021] NSWDC 581 · District Court of New South Wales
A motorist sustained a lasting elbow injury in a roundabout collision but did not establish that it produced earnings loss. The court rejected past and future economic loss because unrelated conditions would have eliminated his earning capacity anyway, and required further orders to address treatment payments.
Read the case studyProuten v Chapman [2021] NSWCA 207 · Court of Appeal of New South Wales
A postal delivery officer alleged that she was injured while taking evasive action on her motorcycle around a concealed extender bed at the rear of a caravan parked on a nature strip. By majority, the Court held that the very slight risk did not require precautions by a reasonable householder, so the appeal was dismissed despite substantial disagreement about the facts and causation.
Read the case studyMattock v State of New South Wales (New South Wales Department of Education) (No 2) [2021] NSWSC 1045 · Supreme Court of New South Wales
A student sought damages after clashing heads with another player while contesting a high ball in a school PE game. The claim failed because the school had not breached its duty and the collision was not proved to have caused his later epilepsy.
Read the case studyHoblos v Alexakis [2021] NSWCA 126 · Court of Appeal of New South Wales
A claimant's exaggeration did not justify assuming that he had no genuine psychiatric illness. The Court of Appeal set aside the dismissal because the medical evidence of depression had been wrongly assessed, then quantified damages in a later judgment.
Read the case studyItskos v The Nominal Defendant [2021] NSWDC 244 · District Court of New South Wales
A motorcyclist alleged that an unidentified oncoming car crossed into his lane and clipped him. Despite errors in his recollection of the location, the Court accepted the car's involvement on the evidence as a whole and reduced damages by 10% for contributory negligence.
Read the case studyEl Dehaibi v Hanzoul Pty Ltd t/as Mr Fresh Punchbowl [2021] NSWDC 240 · District Court of New South Wales
A shopper who fell on a footpath damaged by a shop's forklift operations obtained damages of AUD 30,750.36. At the assessment following default judgment, the court separated the additional effects of this fall from existing disability and declined an award for future domestic assistance.
Read the case studyMakaroff v Nepean Blue Mountains Local Health District [2021] NSWCA 107 · Court of Appeal of New South Wales
Telling a patient to obtain orthopaedic follow-up did not adequately convey that review of her dislocated shoulder was essential and urgent. A majority held the hospital liable because timely surgery would probably have produced a better outcome, while the dismissal of the claim against her GP stood.
Read the case studyOld v Miniter [2021] NSWCA 92 · Court of Appeal of New South Wales
A patient alleged that fixation material left in his ankle caused an infection years after surgery. Although the Court of Appeal rejected the trial judge's causation analysis, it upheld dismissal because breach of duty had not been established.
Read the case studySalim v Canterbury-Bankstown Council [2021] NSWDC 169 · District Court of New South Wales
An unsecured pool umbrella injured the claimant. Her earnings loss was relatively modest, but future paid help with heavier housework accounted for a substantial share of the award.
Read the case studyRicky Eddy v Goulburn Mulwaree Council and Golden Star Import & Export Pty Ltd [2021] NSWDC 150 · District Court of New South Wales
A pedestrian's claim over a temporary ramp that allegedly slipped was dismissed on a preliminary roads-authority immunity issue. In 2022 the Court of Appeal set that dismissal aside, finding actual knowledge of the relevant risk and remitting the remaining issues.
Read the case studyAdlawan v Recochem Inc [2021] NSWSC 223 · Supreme Court of New South Wales
A factory worker was struck after a forklift he had parked on a slope rolled towards him, causing a severe leg injury, and the parties had agreed the unreduced quantum. The Supreme Court held that the employer’s failure to instruct him not to use the forklift in that way was fault in its use or operation under the former Motor Accidents Compensation Act 1999 (NSW), and entered judgment for AUD 2,960,000 after a 20% contributory-negligence reduction.
Read the case studyJoldzic (bht Joldzic) v Patrick [2021] NSWDC 55 · District Court of New South Wales
A collision contributed to a young woman's severe psychiatric illness, but the court separately considered when a disabling illness would have developed without it. The accident accelerated that outcome, limiting recoverable earnings loss and producing a damages judgment of AUD 43,983.70.
Read the case studyFranco v Workers Compensation Nominal Insurer (No 2) [2021] NSWSC 129 · Supreme Court of New South Wales
Assessed damages, the award after contributory negligence, repayments and interest are different figures. Franco and the later judgment show why settlement comparisons need a consistent basis.
Read the case studyBekdache v Chen [2020] NSWDC 830 · District Court of New South Wales
After a minor collision on a narrow street, the plaintiff angrily confronted the other driver and reached into her vehicle; when the driver moved away, the rear wheel ran over the plaintiff's foot. Despite the defendant's admission of negligence, the Court found that the plaintiff created and escalated the danger, reduced damages by two-thirds for contributory negligence and entered judgment for AUD 31,899.62.
Read the case studyArndell BHT Arndell v Old Bar Beach Festival Incorporated; Cox v Mid-Coast Council [2020] NSWSC 1710 · Supreme Court of New South Wales
A Ferris wheel passenger recovered for psychiatric injury after a light aircraft collision, with the council responsible through its airstrip operation and approval of the attraction. The pilot's own claim failed under the dangerous recreational activity provisions, but that defence did not remove his responsibility to the passenger.
Read the case studyZaidan v Vicinity Centres PM Pty Limited t/as Roselands Shopping Centre [2020] NSWDC 852 · District Court of New South Wales
A shopper sued the occupier after slipping on a wet painted crossing in a shopping centre car park. The claim failed because the fall did not establish inadequate surface friction or a negligent failure to inspect.
Read the case studyCoffs Harbour City Council v Polglase [2020] NSWCA 265 · Court of Appeal of New South Wales
A five-year-old child suffered serious injury after passing through a large gap in the Coffs Harbour Jetty railing and falling about four metres onto hard sand. The Court of Appeal upheld liability against the Council and reserve trust because earlier child falls and near-falls called for wire or mesh infill, while the entrance sign addressed diving hazards rather than this particular fall risk.
Read the case studyAdams v Scobie [2020] NSWDC 620 · District Court of New South Wales
The court accepted that persistent back symptoms after a collision reduced a manual worker's earning capacity and prospects of steady employment. It assessed several heads of loss and directed how past earnings were to be calculated, leaving the final total and orders for a later hearing.
Read the case studyCuschieri Te Puia v Sheerin [2020] NSWDC 527 · District Court of New South Wales
A dog owner relied on the unlawful-presence exception after two dogs attacked a child at a dividing fence. The court found that the child was not on the owner’s property when the attack began and awarded AUD 315,500 for lasting scarring and its consequences.
Read the case studyGray v Coles Supermarkets Australia Pty Ltd; Coles Supermarkets Australia Pty Ltd v Chandler Macleod Group Ltd [2020] NSWCA 209 · Court of Appeal of New South Wales
A labour hire worker injured his back lifting a carton of water and argued that the host should have provided further training, an aid or pallet turning. The Court dismissed his appeal because the proposed precautions were not shown to be reasonable and effective, and also dismissed the host’s separate contractual appeal against the labour provider.
Read the case studyAmina Yebdoo v Alan Holmewood [2020] NSWDC 484 · District Court of New South Wales
A driver claiming psychiatric injury after a collision with a motorcycle failed to establish causation. The finding of inadequate care did not prove that it caused the forceful collision, and a later appeal was dismissed by a majority.
Read the case studyPadash v Dungan [2020] NSWDC 399 · District Court of New South Wales
The trial judge allowed continuing psychiatric and earnings losses even after the period of accident-related physical symptoms had ended. A majority on appeal reversed that causal finding and substantially reduced damages in 2021, so the trial award is not the final result.
Read the case studyBurden v Fingleson [2020] NSWDC 366 · District Court of New South Wales
A driver crossed a footpath from a driveway with obstructed sightlines without stopping and collided with a fast-moving cyclist. The Court found the driver negligent and causally responsible, but reduced damages by 30% for the cyclist’s own lack of care.
Read the case studyEdwards v Curtis [2020] NSWDC 926 · District Court of New South Wales
A tenant alleged that failed stairwell lighting and the absence of a second handrail caused his fall in a residential complex. The Court was not satisfied that the lights failed or that darkness caused the fall, and the contemporaneous hospital history and years without complaint better supported a missed step while hurrying; the claim also failed on breach, causation and limitation.
Read the case studyDouglas v Douglas [2020] NSWDC 169 · District Court of New South Wales
Liability was admitted after a high-school passenger suffered soft-tissue injuries when a car left a dirt road and struck a tree, leaving only damages in dispute. Although the plaintiff continued to perform strongly in her studies, the court found her persistent pain and work restrictions created a real future earning risk and allowed an AUD 150,000 buffer for future economic loss.
Read the case studyKlazidis v Hellenic Club Ltd t/as Alpha Restaurant [2020] NSWDC 43 · District Court of New South Wales
A diner injured by a shattered glass recovered damages, but her claims for long-term earnings loss and care failed. Acceptance of liability and the initial injury did not establish that the accident caused her later symptoms or work restrictions.
Read the case studyHallmark Construction Pty Ltd v Brett Harford; Copeland Building Services Pty Ltd v Hallmark Construction Pty Ltd; Hallmark Construction Pty Ltd v Harford Transport Pty Ltd [2020] NSWCA 41 · Court of Appeal of New South Wales
A driver delivering building materials before dawn fell into a deep pit concealed beneath a pallet he moved. The Court of Appeal rejected contributory negligence and increased the share borne by the subcontractor exercising immediate control of the work area to 75%.
Read the case studyVarvatselis v Varvatselis [2020] NSWDC 13 · District Court of New South Wales
Physical and psychological injuries from a motor accident affected a business operator's earnings. The court allowed for uncertainty in his businesses and specified a treatment repayment to be deducted from the award.
Read the case studyThe GEO Group Australia Pty Limited v O’Connor [2019] NSWCA 323 · Court of Appeal of New South Wales
A prison operator's liability was upheld after it received a specific warning of an assault but failed to separate the prisoner from the threat. This appeal determined liability only and did not fix a damages amount.
Read the case studyEl-Kak v Canterbury-Bankstown Council [2019] NSWDC 768 · District Court of New South Wales
A pedestrian who said her footwear caught in a crack beside a telecommunications pit lost her claim against the council. The Court found insufficient evidence of an actionable risk and held, alternatively, that the statutory protection for roads authorities applied.
Read the case studyNathan GHASSIBE v Zeinab ARJA [2019] NSWDC 818 · District Court of New South Wales
A driver injured in an intersection collision later had a second crash, raising a dispute about which accident caused his continuing loss of earning capacity. The Court held the first defendant solely responsible for the first collision and found that the second crash caused only a temporary aggravation.
Read the case studySalih v Emirates (No 2) [2019] NSWDC 715 · District Court of New South Wales
An international passenger injured her thumb opening an overhead locker, but failed to prove an accident under the Montréal Convention because the court found that the door opened normally. Her claim failed, the alternative damages assessment was not an award, and leave to appeal was refused in 2020.
Read the case studyAl Maz v Al Mousawe t/as Trendy Hair [2019] NSWDC 930 · District Court of New South Wales
A customer suffered complex ankle and lower-leg fractures after slipping from a salon step. At a damages-only hearing without the defendant, the Court assessed the medical, employment and assistance evidence and awarded AUD 629,421.07.
Read the case studyQui v Obeid [2019] NSWCA 207 · Court of Appeal of New South Wales
A driver appealed after failing to prove negligence by the motorist who struck the rear of her car. The Court of Appeal upheld the liability result after examining changing accounts and the assumptions behind the reconstruction evidence.
Read the case studyWard v Allianz Australia Services Pty Ltd [2019] NSWDC 293 · District Court of New South Wales
An insurance employee claimed that repeated verbal and physical abuse by his manager caused psychiatric illness and loss of work capacity. The Court rejected the negligence case but held the employer responsible for the manager’s intentional wrongdoing, which was closely connected with his managerial authority.
Read the case studyCarvajal v Lamba [2019] NSWDC 284 · District Court of New South Wales
The drivers gave irreconcilable accounts of whether the defendant moved sideways into the plaintiff’s car or the plaintiff struck the defendant from behind. The Court accepted the plaintiff’s side-impact account using credibility findings and the vehicle-damage photographs, but statutory thresholds and weak economic evidence limited damages to $7,013.36, principally for treatment expenses.
Read the case studyHart v Veloce Expresso Pty Ltd (t/as Azucar Café) [2019] NSWDC 251 · District Court of New South Wales
A passenger who slipped on a wet common walkway at Sydney Airport failed to prove that the adjacent cafe operator controlled or was responsible for cleaning that area, so her claim was dismissed. The court added that, even if duty and breach had been established, her failure to heed a prominent warning cone would have justified 70% contributory negligence.
Read the case studyGard v Allianz Australia Insurance Limited [2019] NSWDC 254 · District Court of New South Wales
A cyclist suffered a profound brain injury after riding into the rear of a car that was slowing and turning left into a motel, but the court found no negligence by the driver. The driver had indicated in time and checked behind shortly beforehand, while the collision was attributed to the cyclist looking down at his gears and failing to observe the vehicle ahead.
Read the case studyOlgun v Kilic [2019] NSWDC 235 · District Court of New South Wales
Liability for the motor accident was admitted, but the extent of injury and loss remained disputed. Pre-existing hip problems, a change of work and possible future treatment shaped the assessment of lost earnings.
Read the case studyNgo v Elysee [2019] NSWCA 123 · Court of Appeal of New South Wales
A patient with chronic kidney disease succeeded at trial on the allegation that his general practitioner should have referred him earlier and that the delay brought dialysis forward. The Court of Appeal reversed that result because the evidence did not show that a single borderline test required referral or that an earlier referral would have changed the treatment course.
Read the case studyBenjamin Peter Fanelli by his next friend Tammy Fanelli v Rebecca Kelly Smith [2019] NSWDC 191 · District Court of New South Wales
Psychiatric injury sustained by a child passenger was found to have led to early school leaving and reduced future earning capacity. The court rejected the suggestion that pre-existing learning difficulties would have produced the same result and assessed a lump-sum buffer.
Read the case studyHawkesbury Sports Council v Martin [2019] NSWCA 76 · Court of Appeal of New South Wales
A park visitor who suffered a serious leg injury after tripping on a low steel cable succeeded at trial, but the majority held that the cable and posts presented an obvious risk to a person taking reasonable care. The appeal was allowed, the trial judgment and damages orders were set aside, the claim was dismissed, and the respondent’s contributory-negligence cross-appeal was dismissed.
Read the case studyKhaled v NSW Land & Housing Corporation [2019] NSWDC 97 · District Court of New South Wales
A public-housing tenant said she slipped on a tiled entrance ramp as rain began, but the Court was not satisfied that the surface was slippery or that the defendants knew or ought to have known of a foreseeable risk. The claim was dismissed, and the Court’s hypothetical reference to AUD 3,000 in agreed out-of-pocket expenses was not an award.
Read the case studyPaul v Ashcroft Supa IGA Orange Pty Ltd [2019] NSWDC 101 · District Court of New South Wales
An apprentice butcher injured his back after slipping on sausage mince left beneath a mobile work trolley. The court found the host supermarket negligent; a later appeal retained the responsibility findings but corrected the calculation and increased the award.
Read the case studyBurling v Optus Fixed Infrastructure Pty Limited [2019] NSWDC 54 · District Court of New South Wales
A pedestrian slipped on a telecommunications pit lid holding rainwater, and the court found that its longstanding bowing should have been detected during Optus visits. The inspection system itself was reasonable, but failing to replace the dangerous lid was negligent.
Read the case studyFrangie v South Western Sydney Local Health District trading as Liverpool Hospital [2019] NSWDC 42 · District Court of New South Wales
Four family members claimed psychiatric injury after a patient died three days after discharge following treatment for a heart attack. Although the Court accepted the family duty and psychiatric-illness elements in its alternative analysis, the claims failed because neither negligent treatment nor factual causation was established.
Read the case studyPitt v Campbell [2019] NSWDC 14 · District Court of New South Wales
A plaintiff injured in a childhood motor accident had minor but intermittent physical symptoms, requiring an assessment of their possible effect on future work. The court allowed a modest buffer for earning capacity but rejected care damages because of medical assessment certificates and deficiencies in the evidence.
Read the case studyBruce v Apex Software Pty Limited t/as Lark Ellen Aged Care [2018] NSWCA 330 · Court of Appeal of New South Wales
A 70-year-old visitor tripped on a 10-20 mm difference between a concrete slab and brick paving outside an aged-care entrance, but the area had been used for many years without a reported fall or complaint. The Court of Appeal held that the difference was obvious, the likelihood of harm remote and the risk insignificant, so a reasonable operator would not have repaired it before the accident and the appeal was dismissed.
Read the case studyTrajkovski v Ballgate Pty Limited [2018] NSWDC 308 · District Court of New South Wales
A hotel patron injured his foot on broken glass as he stood up from an outdoor table. The court found that a simple check beneath tables when collecting glasses was a reasonable precaution, but declined to compensate future losses attributable to pre-existing conditions.
Read the case studyNguyen v Tran [2018] NSWCA 215 · Court of Appeal of New South Wales
The driver's negligence was admitted, but the claimant's presence in the car was disputed. The Court of Appeal overturned the claimant's judgment because the trial judge had effectively reversed the onus and discounted contrary evidence through speculation.
Read the case studyColes Supermarkets Australia Pty Ltd v Bridge [2018] NSWCA 183 · Court of Appeal of New South Wales
A majority upheld Coles' liability for a customer's fall on a wet supermarket carpark surface. The award was reduced by 25% because the customer continued steering his trolley while distracted by his phone.
Read the case studyBunnings Group Ltd v Giudice [2018] NSWCA 144 · Court of Appeal of New South Wales
A customer who tripped at the slightly raised shock-absorbent entrance to a children's play area succeeded at trial, but the Court of Appeal held that the risk and the need for the proposed precautions had not been proved under s 5B. The AUD 179,600 judgment was set aside and the claim dismissed, leaving no damages award in force.
Read the case studyChristie v Herro t/as Chemist Warehouse Oxford Street (No 2) [2018] NSWDC 237 · District Court of New South Wales
A customer leaving a pharmacy tripped when her foot entered a hollow ramp supporting a display stand. The Court found the occupier liable for failing to take reasonable precautions against the obstruction and made no contributory negligence reduction.
Read the case studyMuggleton v State of New South Wales & Anor [2018] NSWDC 151 · District Court of New South Wales
A crewman injured when a yacht struck a reef obtained damages after Roads and Maritime Services admitted liability for a misplaced navigation marker. Although he had largely returned to physical sailing work, the Court accepted that the psychological effects reduced some paid opportunities.
Read the case studyClapp by his tutor Hilton v Brady [2018] NSWDC 312 · District Court of New South Wales
A passenger injured when a car struck a tree recovered damages for physical injuries and psychological consequences. After examining the business records and later flood damage, the court held that the injuries did not establish the claimed future earnings loss.
Read the case studyWarren Fitzgerald v The Nominal Defendant [2018] NSWDC 175 · District Court of New South Wales
After a motorcycle struck a parked car, the Court accepted that an unidentified vehicle had first forced the rider to take evasive action. It nevertheless reduced damages by 20% because his alcohol consumption materially contributed to the loss of control.
Read the case studyRaketic v Star Crest Investment Pty Limited [2018] NSWDC 303 · District Court of New South Wales
The supermarket admitted responsibility for a customer slipping on water from a leaking freezer, but alleged that she had ignored warning signs. The court found that signs had not been in place before the fall and awarded AUD 31,103 without a contributory negligence reduction.
Read the case studyShvarts v Scentre Shopping Management Pty Ltd and Anor [2018] NSWDC 154 · District Court of New South Wales
A shopper who slipped on a gel-like substance relied on CCTV showing that the cleaning contract's 20-minute inspection rotation was not followed and the fall occurred about 48 minutes after the last observed inspection. The Court treated the cleaning contractor's system failure as causative and allocated the plaintiff's claim to that contractor, but directed the parties to calculate the final total for a consent order.
Read the case studyHanna v Mahbub; Hanna v The Nominal Defendant [2018] NSWDC 310 · District Court of New South Wales
A minor collision occurred, but the Court found that the two injury claimants were not inside the struck vehicle. After hearing evidence in their absence, it found their claims false and fraudulent, entered judgment for the driver and ordered indemnity costs against the plaintiffs.
Read the case studyFaraj v Fernando [2018] NSWDC 313 · District Court of New South Wales
A claimant injured while getting into a car relied on replacement labour costs and changes in employment income. The court allowed a limited past loss but rejected future earnings and treatment claims that were not supported by the business, activity and medical evidence.
Read the case studySouth Western Sydney Local Health District v Gould [2018] NSWCA 69 · Court of Appeal of New South Wales
A damages judgment over a child's antibiotic treatment was overturned and the negligence claim dismissed. The Court of Appeal held that a widely accepted professional practice could not be rejected as irrational merely because another medical opinion was preferred.
Read the case studyZadel v Eastern Suburbs Leagues Club Ltd [2018] NSWDC 140 · District Court of New South Wales
A club patron fell while dancing after her heel contacted the base of a temporary barrier, whose negligent placement was admitted during trial. The court accepted that account but limited the accident-related losses and reduced them by 10% for shared fault, entering judgment for AUD 10,336.02.
Read the case studySparks v Hobson; Gray v Hobson [2018] NSWCA 29 · Court of Appeal of New South Wales
After a patient became paraplegic during spinal surgery, the Court upheld the negligence judgment against the principal anaesthetist but set aside the judgment against the principal surgeon. Their different roles and the information actually communicated within the team were central to the different outcomes.
Read the case studyUluc by his tutor Uluc v Cakir [2018] NSWDC 3 · District Court of New South Wales
A child involved in a motor accident as a young infant claimed that later behavioural difficulties were accident-related mental harm. After examining the expert evidence, the court found neither the claimed mental harm nor the necessary causal connection established and awarded only AUD 84.60 in proved medical expenses.
Read the case studySouth West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312 · Court of Appeal of New South Wales
A council employee's family claimed psychiatric and dependency losses after a survey helicopter struck power lines and crashed. The majority applied the special air-carriage liability regime to defeat the direct claims against the operator, while preserving the council's liability and the operator's contribution liability.
Read the case studyMansell v Coles Supermarkets Australia Pty Limited [2017] NSWDC 309 · District Court of New South Wales
The court found that iced coffee had remained on a supermarket floor for about an hour before a customer slipped and injured his shoulder. On the evidence in this case, inspections at no more than 30-minute intervals would have prevented the accident.
Read the case studyFogarty v Coles Supermarkets Australia Pty Ltd [2017] NSWDC 396 · District Court of New South Wales
A supermarket customer's claim continued through his widow as estate representative after his death. The Court found that the fall triggered continuing symptoms of an existing back condition and awarded damages without a contributory negligence reduction.
Read the case studyBrian Spratt v Asquith Bowling and Recreation Club Limited [2017] NSWDC 298 · District Court of New South Wales
A club was liable when a patron was injured while evading a renewed assault by another customer. The finding turned on its response after violence had already occurred and the aggressor remained on the premises.
Read the case studyVasa v Ubiparipovic & Anor [2017] NSWDC 269 · District Court of New South Wales
A 16-year-old student was a front-seat passenger in a stationary car struck from behind and pushed into another vehicle; liability was admitted but the injuries and future earning loss were disputed. The Court found a real accident-related impact on her health and education, but because a particular career path could not reliably be predicted it used a buffer for future economic loss and entered judgment for AUD 125,008.25.
Read the case studyCoote v Kelly; Northam v Kelly [2017] NSWCA 192 · Court of Appeal of New South Wales
The estate and widow of a patient whose foot lesion was treated as a wart before melanoma was diagnosed lost their appeals following a retrial. The Court found no established error in rejecting the alleged early pigmentation and did not finally determine the separate causation question.
Read the case studyNievas v Mohammed [2017] NSWDC 168 · District Court of New South Wales
A commuter cyclist collided with a car that failed to give way at an intersection. The court found his response reasonable and made no contributory-negligence reduction, while limiting the recoverable losses by reference to medical and employment evidence.
Read the case studyJackson v KAH Australia Pty Ltd t/as Bayview Boulevard Sydney [2017] NSWSC 747 · Supreme Court of New South Wales
A hotel visitor established negligence after slipping on water in the foyer and injuring her foot. She did not establish that the injury caused a fall at home about 18 months later, which substantially limited the damages recoverable.
Read the case studyKelly Rutland v Robert De Marco [2017] NSWDC 140 · District Court of New South Wales
A claimant sought earnings and care-related damages after developing psychiatric illness following her sister’s death in a road accident. The court rejected a reduction for failure to obtain treatment and awarded other losses despite the exclusion of non-economic loss.
Read the case studyGhassani v Napier [2017] NSWDC 130 · District Court of New South Wales
Liability for the rear-end collision was admitted, but most of the claimant's ongoing work restrictions were not shown to result from that accident. The Court awarded limited compensation for whiplash and additional loss distinguished from earlier back and knee injuries.
Read the case studyAlan Donald v Rail Corporation of New South Wales (No 11) [2016] NSWSC 1897 · Supreme Court of New South Wales
A labour-hire worker sued the railway operator and his employer over a back injury sustained during repetitive jackhammer work. The Court found that effective task sharing was not provided, and liability against both defendants survived the 2018 appeal and cross-appeal.
Read the case studyHodgson v Sydney Water Corporation [2016] NSWDC 361 · District Court of New South Wales
A pedestrian injured while crossing a slippery concrete drain on Rose Bay Beach succeeded against Sydney Water. Although the slipping risk was obvious and required no warning, the authority remained responsible for failing to provide interim protection despite knowing of earlier injuries.
Read the case studyAyoub v Hidar [2016] NSWDC 339 · District Court of New South Wales
A driver admitted negligence after her vehicle obstructed a poorly lit road near a blind rise and was struck by an approaching motorcycle; the rider was not found contributorily negligent. Although the young mechanic had returned to full-time work without a current wage loss, the court awarded a substantial future economic-loss buffer for his vulnerable employment position and risk of worsening ankle disability.
Read the case studyJarrett v Bugeja & Anor [2016] NSWDC 309 · District Court of New South Wales
The rear driver in a wet-weather collision initially recovered damages subject to contributory negligence, but the judgment was reversed in 2017. Reassessment of the collision sequence and an independent driver's evidence led the Court of Appeal to find no established negligence by the defendant.
Read the case studyKhan by his next friend Khan v Lim [2016] NSWDC 119 · District Court of New South Wales
A student injured in a rear-end collision sought compensation for the possible effect of neck symptoms and anxiety on future earnings and treatment costs. Although declining to accept lost academic performance or a professional football career, the Court allowed buffers for the real possibility of future employment loss and treatment.
Read the case studySorbello v South Western Sydney Local Health Network; Sultan v South Western Sydney Local Health Network [2016] NSWSC 863 · Supreme Court of New South Wales
After the hospital admitted that its birth negligence breached duties owed to both parents and caused some damage, the Court found that each parent had suffered a compensable psychiatric illness. It separately assessed the mother's persistent depressive disorder and realistic employment prospects, and the father's credibility and recovery outlook; the mother's eventual damages judgment was later upheld on appeal.
Read the case studyKraus v Sartori [2016] NSWDC 102 · District Court of New South Wales
Severe psychiatric illness following a motor accident dominated the assessment of future work and daily support needs. Intermittent employment did not establish a meaningful earning capacity, and the court assessed paid care with funds management still to be added.
Read the case studyAdrian Michael Lightfoot and Lightington Pty Ltd CAN 093 428 758 as Trustee for the Lightfoot Family Trust v Tamworth Shoppingworld Pty Ltd CAN 083 770 021 and Byron Clapham [2016] NSWDC 45 · District Court of New South Wales
A shopping centre customer slipped on a spill already reported to a security guard. The Court held both the occupier and the guard's employer liable for failures to protect customers while awaiting a cleaner.
Read the case studySteve Calcagno v Norma Maree Dent [2015] NSWDC 308 · District Court of New South Wales
A motorcyclist suffered severe injuries while overtaking a farm vehicle travelling at about 15 km/h as it turned right into a driveway, and the District Court found the driver negligent with 25% contributory negligence by the rider. The Court of Appeal later held that the evidence of an adequately early right indicator could not be displaced and causation from the failure to check mirrors was not proved, so it set aside the judgment and dismissed the claim.
Read the case studyNominal Defendant v Smith [2015] NSWCA 339 · Court of Appeal of New South Wales
An injured passenger sued his driver and the Nominal Defendant, alleging that an unidentified black car had cut in front of their vehicle. The majority found errors in the trial assessment of that evidence and remitted the remaining issues, while entering judgment for the passenger’s full damages against his driver.
Read the case studyBitupave Ltd t/as Boral Asphalt v Pillinger [2015] NSWCA 298 · Court of Appeal of New South Wales
The Court of Appeal upheld the council’s and contractor’s liability for a motorcycle crash caused by roadbuilding material washed onto the road after heavy rain. It removed a 10% contributory negligence deduction because an earlier journey in the opposite direction did not establish that the rider had seen, or should have seen, the hazard.
Read the case studyWei Fan v South Eastern Sydney Local Health District (No 2) [2015] NSWSC 1235 · Supreme Court of New South Wales
A patient alleged that missed diagnoses and delayed gallbladder surgery caused falls and continuing disability after treatment at several hospitals. The Court rejected the claim because the treatment accorded with competent professional practice and the alleged causal links were not proved.
Read the case studyBradley v Matloob [2015] NSWCA 239 · Court of Appeal of New South Wales
A seriously injured motorist's claim turned on identifying the vehicle that caused her to swerve. The Court of Appeal set aside judgment against the named driver because the necessary dishonesty case had not been put to him, and substituted judgment against the Nominal Defendant.
Read the case studyMetaxoulis v McDonald’s Australia Ltd [2015] NSWCA 95 · Court of Appeal of New South Wales
A customer fell after rescuing a child trapped on restaurant playground equipment, aggravating an earlier wrist injury. The Court reversed the defendant's trial success, found negligence in controlling access and awarded AUD 179,000.
Read the case studyForge v Atlantic Cleaning & Security Pty Limited [2015] NSWDC 37 · District Court of New South Wales
CCTV and an early account supported a customer's claim that cleaning had left a shopping centre floor unsafe. The Court held the cleaner liable but reduced damages to reflect a later, similar fall affecting her symptoms.
Read the case studyMcDermott v Woods [2015] NSWDC 27 · District Court of New South Wales
A riding instructor tightened a bridle despite knowing the horse was sensitive to tight equipment around its nose and mouth. The court distinguished that specific risk from the general risks of riding and found the instructor liable.
Read the case studyWearing-Smith v Swift [2014] NSWDC 159 · District Court of New South Wales
The trial court held household occupiers liable when a guest fell through a glass balcony balustrade, but that judgment was overturned on appeal in 2016. The case must be read with the appellate majority’s rejection of the trial court’s inferences about the hidden defect and reasonable precautions.
Read the case studyAmaca Pty Ltd v Phillips [2014] NSWCA 249 · Court of Appeal of New South Wales
A mesothelioma claimant's loss of capacity to provide unpaid care for his wife did not have to be valued solely by her future nursing-home costs. The court upheld the assessment because the statutory loss was the claimant's own lost capacity to care.
Read the case studyMajor v Sutherland Shire Council [2014] NSWDC 129 · District Court of New South Wales
A self-employed plumber injured when a coastal railing gave way received trial damages for the effects on work and recreation. In 2015, however, the Court of Appeal found parts of the assessment unsupported and reduced the award from AUD 278,392 to 136,419.
Read the case studyBoral Bricks Pty Ltd v Cosmidis (No 2) [2014] NSWCA 139 · Court of Appeal of New South Wales
The majority assessed contributory negligence at 30% after a fuel delivery driver was struck by a forklift on business premises. The occupier's and forklift driver's negligence did not remove the pedestrian's obligation to take reasonable care around a danger he knew was present.
Read the case studyCaruana v Darouti [2014] NSWCA 85 · Court of Appeal of New South Wales
An occupier's liability for a visitor's fall on a wet sloping driveway survived appeal. The absence of previous accidents did not outweigh the evidence concerning the risks and warnings associated with resealing it.
Read the case studyMcLennan v Antonios [2014] NSWDC 78 · District Court of New South Wales
Drivers approaching an intersection from opposite directions gave conflicting accounts of the traffic signals. The court found that the oncoming driver had crossed a red light, but rejected future earning-capacity damages in light of the plaintiff's recovery and return to gymnastics instruction.
Read the case studySpinks v Middlehurst [2014] NSWDC 19 · District Court of New South Wales
A driver was negligent in squeezing past a waste worker in a narrow street. Although the worker was not contributorily negligent, the employer's unsafe system of work reduced the amount recoverable from the driver under the statutory formula.
Read the case studyDillon v Hair [2014] NSWCA 80 · Court of Appeal of New South Wales
A property manager injured her knee when an entrance mat slid beneath her during an end-of-tenancy inspection. The Court upheld the occupiers' liability for placing the mat on a polished indoor floor and dismissed their appeal.
Read the case studyMarien v Gardiner; Marien v H J Heinz Company Australia Ltd [2013] NSWCA 396 · Court of Appeal of New South Wales
A driver's liability for striking a pedestrian on a dark road was upheld, together with a 50% contributory-negligence reduction. Better lookout on low beam would not have prevented the collision, but the separate negligent failure to use high beam sustained the result.
Read the case studyBurton v Sterling Group Services Pty Ltd [2013] NSWDC 304 · District Court of New South Wales
The truck driver and owner admitted liability for a rear-end collision but disputed the extent and cause of Ms Burton’s continuing disability. The court found substantial accident-related physical and psychiatric impairment despite pre-existing mental health difficulties and awarded AUD 456,188.
Read the case studyAustralian Winch and Haulage Company Pty Ltd v Collins [2013] NSWCA 327 · Court of Appeal of New South Wales
A port worker was injured when a corroded component failed and a boarding gangway suddenly rotated. The Court of Appeal upheld responsibility for the contractor's unsuitable component and the employer's lack of inspection, while correcting the trial approach to proof and varying costs orders.
Read the case studyLange v O'Carrigan [2013] NSWDC 183 · District Court of New South Wales
A patient challenged both a hip replacement that lengthened her leg and the timing of corrective surgery, but her claim failed. The court found that an error acknowledged in hindsight did not establish negligent surgery and that the recommendation for revision had a reasonable clinical basis.
Read the case studyPatterson v Khalsa (No.3) [2013] NSWSC 1331 · Supreme Court of New South Wales
This decision assessed damages for a child with severe disabilities following a hypoxic injury during a home birth. The Court awarded AUD 6,606,583.00, including future care and fund management, while excluding heads of loss that were not pursued.
Read the case studyPaul v Cooke [2013] NSWCA 311 · Court of Appeal of New South Wales
An appeal against a radiologist failed after a patient suffered a stroke during surgery following a diagnosis delayed by nearly three years. Because the delay had not worsened the aneurysm or the risks of treatment, the court applied the inherent-risk provision and the limits of the radiologist's scope of liability.
Read the case studyFitzsimmons v Coles Supermarkets Australia Pty Ltd [2013] NSWCA 273 · Court of Appeal of New South Wales
A majority held that wet-floor signs did not discharge the supermarket's duty where an employee could briefly have remained to redirect shoppers. But the claimed continuing disabilities were not proved to result from the fall, leaving a very small recovery after contributory negligence.
Read the case studyDanielle Duncan v The Nominal Defendant [2013] NSWDC 117 · District Court of New South Wales
A driver injured by an uninsured vehicle recovered damages without a contributory negligence reduction. Although she did not satisfy the statutory threshold for non-economic loss, other losses remained assessable, with future damages limited by the evidence of likely improvement.
Read the case studyKing v Western Sydney Local Health Network [2013] NSWCA 162 · Court of Appeal of New South Wales
The hospital breached its duty by failing to advise and offer VZIG after a pregnant patient was exposed to chickenpox, but the majority held that factual causation of the child's foetal varicella syndrome was not proved on the balance of probabilities. Leave was granted but the appeal was dismissed, illustrating that a treatment recommendation and proof that the treatment would probably have prevented this claimant's harm are distinct questions.
Read the case studyRasmussen v South Western Sydney Local Health District [2013] NSWSC 656 · Supreme Court of New South Wales
A mother claimed damages for recognised psychiatric injury after her newborn died through hospital negligence. With liability admitted, the court assessed substantial psychiatric harm but allowed a lump sum for uncertain future economic loss rather than the claimed continuing full-time earnings shortfall.
Read the case studyLila Prasad v Health Support Services P/L [2012] NSWDC 190 · District Court of New South Wales
A laundry worker’s damages claim raised both an unsafe system of work and the effect of earlier workers compensation findings. The court held that the employer could not relitigate the established injury and permanent impairment issues and awarded AUD 422,059 for economic loss.
Read the case studyMason v Demasi [2012] NSWCA 210 · Court of Appeal of New South Wales
A dog-attack victim challenged the allowance for future earnings affected by psychiatric symptoms. The Court of Appeal increased that allowance because the trial assessment had inconsistently treated the symptoms and work prospects, while leaving the other damages components unchanged.
Read the case studyO'Toole v Temelkovska [2012] NSWDC 88 · District Court of New South Wales
A young customer suffered a scalp burn and permanent scarring during a salon treatment involving chemicals and heat. With liability already established by default judgment, the court assessed the scar's daily effects and her mother's care, awarding AUD 40,887.28.
Read the case studyWallace v Kam [2012] NSWCA 82 · Court of Appeal of New South Wales
A patient developed femoral nerve damage after spinal surgery, but the trial judge found he would have proceeded even if warned of that particular risk. The Court of Appeal majority held that an alleged failure to warn of a separate paralysis risk that did not materialise did not appropriately extend the surgeon’s liability to the injury that did occur.
Read the case studyAX by tutor ZX v Ashfield Municipal Council [2012] NSWDC 32 · District Court of New South Wales
A child recovered medical expenses for a cut toe at a swimming pool, but did not establish that the accident caused the wider psychological problems claimed. The Court found deficiencies in the factual basis of the expert opinions and causation, and held that the mental-harm duty requirement in s 32 was not met.
Read the case studyFitzsimmons v O'Donnell [2011] NSWDC 197 · District Court of New South Wales
A passenger fell when a bus unexpectedly moved off, and the driver admitted breach of duty. The Court accepted continuing back symptoms but limited damages because lifelong loss of earnings and care needs had not been proved.
Read the case studyMcGlen-McLeod v Galloway [2011] NSWDC 163 · District Court of New South Wales
A tenant injured when rotten floorboards gave way initially recovered only A$700 after the trial judge rejected claims of more serious injuries inconsistent with medical notes. In 2012 the Court of Appeal set that damages judgment aside and ordered a new trial on causation and damages because the tenant’s testimony had not been adequately evaluated.
Read the case studyShaw v McGee & Anor [2011] NSWDC 155 · District Court of New South Wales
A caravan park occupier was liable in negligence for failing to take effective action after learning of repeated sexual harassment by its caretaker. The court rejected separate claims attributing all his conduct to the company and imposing vicarious liability.
Read the case studyAnne Penfold v John Betteridge & Carol Betteridge [2011] NSWDC 146 · District Court of New South Wales
A woman injured while separating her dog from a neighbour's attacking dog established statutory and negligence liability against its owners. Defences concerning the location of the attack and lawful entry failed, and future domestic assistance formed a substantial part of the award.
Read the case studyBurton v Brooks [2011] NSWCA 175 · Court of Appeal of New South Wales
A householder remained liable when a relative helping with tree lopping fell into an empty pool. Because the particular work could simply have been deferred, the injured helper did not have to prove every detail of an alternative protective arrangement.
Read the case studyCaldwell v Coles Supermarkets Pty Limited [2010] NSWDC 136 · District Court of New South Wales
An occupier was found negligent after a delivery driver slipped on oil or grease in a supermarket loading-dock area he needed to enter to secure his truck. The court held that regular removal of the contaminant was a simple and inexpensive precaution and found insufficient evidence of contributory negligence or employer fault to reduce the damages.
Read the case studyGeorge v Survery [2009] NSWSC 1348 · Supreme Court of New South Wales
With liability admitted for a delayed cardiac diagnosis, the Court assessed a self-employed driver's losses after a heart transplant. It entered judgment for AUD 776,095.79 after deducting compensation-related payments and an interim advance from the assessed damages.
Read the case studyStojan (No 9) Pty Ltd v Kenway [2009] NSWCA 364 · Court of Appeal of New South Wales
A shopping-centre tenant was seriously injured when charity bins blocked light reaching stairs between the centre car park and a council park. The Court held both the centre owner and council liable, but reduced the damages by 50 per cent because the plaintiff released the handrail and moved forward after appreciating that she could not see the steps.
Read the case studyCSL Australia Pty Limited v Formosa [2009] NSWCA 363 · Court of Appeal of New South Wales
A stevedore supervising coal loading slipped on wet iron-ore slurry on a ship's deck and injured his knee. The Court held that the worker's statutory role and his employer's responsibilities did not extinguish the shipowner and operator's duty to sweep a safe path or direct workers to the safer starboard route.
Read the case studyDrummond and Rosen Pty Limited v Easey & Ors [2009] NSWCA 74 · Court of Appeal of New South Wales
The Court of Appeal set aside the architects' liability for a fall on a rain-wet shopping centre ramp. Their construction-stage task concerned colours and finishes, not technical verification of the tiles' slip resistance, and responsibility between the owners and builder was adjusted to 50% each.
Read the case studyRoads and Traffic Authority of NSW v Turner [2008] NSWCA 48 · Court of Appeal of New South Wales
A crash on a wet highway bend had three concurrent causes: inadequate skid resistance and warnings, smooth rear tyres, and the driver's speed above the advisory limit. The Court of Appeal attributed 20% responsibility to the injured driver, then divided the defendants' remaining responsibility 75% to the road authority and 25% to the vehicle owner's insurer.
Read the case studyPrestige Property Services Pty Ltd v Choi & Anor [2007] NSWCA 363 · Court of Appeal of New South Wales
A park visitor suffered a serious brain injury when a large branch fell from a mature fig tree in Hyde Park North, and the maintenance contractor was held liable for failing to detect and remove the danger. The Court of Appeal dismissed the contractor’s appeal, holding that its contractual and tortious responsibilities extended beyond hazards visible from ground level to dangers discoverable by reasonable arboricultural inspection.
Read the case studySheldrick v State of New South Wales [2007] NSWCA 105 · Court of Appeal of New South Wales
A 14-year-old student was seriously injured when his bicycle was struck by a car after teachers dismissed a school cycling group onto busy streets, and the school’s negligent supervision was established. The Court of Appeal held that, even allowing for his age and fatigue, the trial judge was entitled to assess 40% contributory negligence for riding through a give-way intersection without slowing or checking, and dismissed the appeal.
Read the case studyThe Premier Group Pty Ltd v Lippis [2007] NSWCA 36 · Court of Appeal of New South Wales
A damages judgment was upheld for a driver who stepped into an uncovered drain after descending from a prime mover in a container unloading area. The Court of Appeal found no basis to overturn the findings about the concealed hazard, the fall or the effect of earlier conditions.
Read the case studyMartin v. The Trustees of the Roman Catholic Church of the Archdiocese of Sydney [2006] NSWCA 132 · Court of Appeal of New South Wales
A Year 8 student with wet shoes fell while climbing a steep obstacle-course ramp about 3.8 metres high and fractured her leg. The Court held that earlier slips by other students revealed an increased risk requiring better instruction and supervision or restriction to the safer ramp.
Read the case studyFallas v Mourlas [2006] NSWCA 32 · Court of Appeal of New South Wales
A participant holding a spotlight during a night kangaroo hunt was shot when his companion manipulated a handgun inside their vehicle and it discharged. By different majority paths, the Court of Appeal held that the s 5L defence for an obvious risk of a dangerous recreational activity was not established, leaving the injured participant’s judgment intact.
Read the case studyAMP General Insurance Ltd. v. Kull & Anor. [2005] NSWCA 442 · Court of Appeal of New South Wales
A mechanic’s hand was seriously injured when a vehicle owner turned the ignition without warning while the mechanic was adjusting the fan belt of a broken-down Land Cruiser. The Court of Appeal held that the injury was not caused during driving or by a collision for the historical Motor Accidents Compensation Act definition, so the negligence claim stood, but inadequate earnings evidence reduced the final judgment to AUD 118,788.
Read the case studyConsolidated Broken Hill Ltd v Edwards [2005] NSWCA 380 · Court of Appeal of New South Wales
The Court of Appeal upheld an occupier's negligence after a cyclist fell from a narrow railway bridge, but increased his contributory negligence to 50%. It treated the occupier's creation of a dangerous obstruction on a known shortcut and the cyclist's decision to proceed despite a safe alternative as equally responsible.
Read the case studyOlbourne v Wolf [2004] NSWCA 141 · Court of Appeal of New South Wales
A damages judgment against a surgeon who authorised discharge without examining a patient after postoperative fever survived appeal. Although the Court rejected the trial finding about inadequate risk warnings, negligent discharge and its consequences independently supported the award.
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