Civil law

Xavier (a pseudonym) v Trustees of the Marist Brothers [2024] ACTSC 141

Keywords:

Application to set aside deed of release, child sexual abuse., Civil law, Deed of release set aside, Potentially relevant documents not in the possession of the plaintiff at the time of the agreement, practice and procedure, Whether the deed of release is a just and reasonable agreement

Keywords:

Civil law, Costs, costs apportioned in line with liability for principal judgment up to date of first defendant’s offer of compromise, first defendant’s offer of compromise to third and fourth defendants eminently reasonable, offer failed to set out terms of orders proposed, offer not an offer of compromise within the meaning of r 1002, offer not capable of acceptance by one defendant on behalf of others, Plaintiff purported to make offer of compromise pursuant to Pt 2.10 of the Court Procedures Rules 2006 (ACT), third and fourth defendant to pay plaintiff’s and first defendant’s costs from date after first defendant’s offer of compromise., whether plaintiff's offer was instead a Calderbank offer

Keywords:

breach of duty of care, Civil law, negligence, personal injury claim arising from fault in roller doors, vicarious liability

Keywords:

action brought within time, characterisation of risk, Civil law, Limitation of actions, negligence, personal injury, water sports accident involving motorboat towing a child in an inflatable tube with a pre-existing undiagnosed spinal condition, where plaintiff required benefit of legal advice and specialist opinion in order to determine whether injury was sufficiently serious to justify the bringing of a cause of action, whether proceeding out of time, whether risk of injury obvious to a twelve-year-old child, whether sufficient precautions taken to guard against risk of back injury, whether water sport of tubing a dangerous recreational activity

Keywords:

Civil law, competing experts for each side, competing versions from drivers, motor vehicle accident, negligence, personal injury, where parties dispute liability, where parties do not dispute quantum of damages.