Marsupial Miscalculation – obvious risk and the allocation of resources under the Civil Liability Act

Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308 In February 2014, a landing aircraft collided with a kangaroo at Kempsey Aerodrome and was damaged. The owners of the aircraft Five Star Medical Centre Pty Ltd sued the owner of the airport Kempsey Shire Council in the District Court of NSW. The […]

The Wayne Tank Principle

As published in the New Zealand’s Law Talk magazine on 7 October 2017. The Leggs burnt green waste from their landscaping business and lifestyle block on their Canterbury property. While the fire initially reduced to ash, sufficient combustible material remained that it reignited some weeks later in a strong wind. The root cause was embers […]