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5 Pages Essays / Projects Year: Pre-2021

HD - 13.5/15. Novakovic v Stekovic [2012] NSWCA 54 Area of Law: Tort Law (Duty of Care/Negligence) 1. Please provide a written response, with reference to the case above, for each of the questions below under the headings of A, B and C. Important: Please ensure that the same headings and roman numerals (below) are used when setting out your answer. (A) The Parties: (1.5 marks) (i) What are the names of the parties? (ii) Who is the ‘appellant’? Who is the ‘respondent’? (iii) Please explain why the parties are not referred to as the ‘plaintiff’ and the ‘defendant’? (B) The Court: (1.5 marks) (i) What is the name of the court? (ii) In which jurisdiction does this court operate? (iii) If a party loses the case in this court, to which court may they seek to appeal? (C) The Case: (12 marks) (i) What happened in this case? (1 mark)  Summarise the facts. PLEASE BE CAREFUL NOT TO SIMPLY RE-WRITE OR RE-STATE THE FACTS. What is required is a BRIEF summary, in your own words. (ii) What was the decision in the case? (1 mark) (iii) Identify and explain the main legal issue (or issues) of the case in your own words. (10 marks)


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