Where a party has unreasonably failed to accept a Calderbank offer, the letter of offer may be tendered in support of an application for costs and, in particular, any application for indemnity costs.  For a party who chooses to...

The plaintiff, Russel Cook, was injured as a result of a motor vehicle accident. The driver, Ronald Buckingham, negligently ran off the road when driving the plaintiff to work. Mr Cook sued for damages sustained as a result of the...

In Saraceni v Mentha [No.2] [2012] WASC 336 a director sought to challenge the appointment of receivers to Westgem Investments Pty Ltd ("Westgem") under a fixed and floating charge ("the Charge").  In 2008 Westgem entered into a ...

In the matter of Partridge v Hobart City Council & Ors [2012] TASFC 3 delivered 27 July 2012, the plaintiff brought an action in negligence for damages for personal injuries sustained to her back, knee and hand in a fall as sh...

In the recent High Court decision of Strong v Woolworths, the Court was asked to consider whether the plaintiff had proven that the defendant was negligent in circumstances where there was no evidence to complete the chain of caus...

In the recent case of Perpetual Trustee Company Ltd v Milanex Pty Ltd (in liquidation) [2011] NSWCA 367, the New South Wales Court of Appeal rejected a mortgage broker’s claim that a lender’s knowledge of discrepancies in a pr...