Our Cases

Lough and Wells Lawyers have worked on several cases leading to landmark decisions.

Here are just a few cases where our work has led to the establishment of a significant new legal principle or concept that substantially changed the interpretation of existing law.

Medical Negligence – Jambrovic v Day [2017] NSWSC 1468


All Australians require medical treatment at some time, whether that be a visit to the emergency department, an appointment with a general practitioner, or undergoing a surgical procedure.

Sometimes medical treatment is provided in a way that does not meet the required standard of care resulting in a patient having a poor outcome or requiring further medical intervention.

The Case

Mr Jambrovic’s family came to see Lough and Wells after Mr Jambrovic underwent a neurosurgical procedure with catastrophic results.

Mr Jambrovic saw Dr Day after having some headaches and was diagnosed with a benign and slow growing meningioma (tumour). Dr Day advised Mr Jambrovic to have the tumour removed without delay via an endoscopic procedure through Mr Jambrovic’s nasal passage.

Dr Day failed to advise Mr Jambrovic that he was not properly trained in that removal technique and had not done the procedure that way before, nor did he advise Mr Jambrovic properly as to the risks of surgery.

Jambrovic suffered catastrophic injuries as a result of the surgery.

The Result

The hearing ran for five days in the Supreme Court and ultimately Dr Day was found to be negligent. Mr Jambrovic was awarded compensation for his injuries.

Read Supreme Court Decision 27 October 2017

Personal Injury – Perisher Blue Pty Ltd v Nair-Smith [2015] NSWCA 90


Claims for compensation arising out of injuries occurring when participating in recreational activities or a sporting events such as skiing, swimming at the beach, diving, horse riding, playing golf or ski diving are difficult to navigate due to the various restrictions and limitations imposed by the Civil Liability Act 2002.

The Case

Lough and Wells acted for Dr Nair-Smith in her claim against Perisher Blue Ski Resort after she was injured while boarding a chairlift.

The Result

Dr Nair-Smith was successful in the Supreme Court in the initial hearing although ultimately that decision was overturned by the Court of Appeal. The case involved complex legal issues including causation pursuant to the Civil Liability Act 2002, the application of the Trade Practices Act 1974 and the Commonwealth Constitution Act 1901.

Read Supreme Court Decision 9 April 2015

Bullying – Oyston v St Patrick’s College [2011] NSWSC 269


Due to the rapid progression of technology and social media in society bullying has become one of the most serious issues facing our children. Bullying in schools is a challenging area of the law for many reasons, primarily because victims of bullying are often too afraid to report the bullying to the school staff, or staff in schools do not manage the complaints effectively.

The Case

Jazmine Oyston was incredibly brave when bringing her case against St Patricks College, represented by this firm. Her claim was that the school breached its duty of care to her in failing to properly deal with the bullying she experienced over an extended period of time while she was a student at the school.

The Result

Jazmine was successful in her claim and awarded damages for her injuries. The school appealed the decision of the Supreme Court to the Court of Appeal ultimately however ultimately the decision was upheld.

Read Supreme Court Decision 13 April 2011

Read Supreme Court Decision 4 August 2011

Read Supreme Court Decision 27 May 2013

Read Supreme Court Decision 23 September 2013

Read Supreme Court Decision 3 October 2013

Wrongful arrest and assault – Johnstone v State of New South Wales [2010] NSWCA 70


The police have many powers granted to them by our legislature however Johnstone v the State of NSW reaffirmed the principle that the police do not have the right to arrest a person without properly informing them why they are being arrested.

The Case

Lough and Wells ran these proceedings for Mr Johnstone in the District Court of NSW and then the Court of Appeal.

The Result

Mr Johnstone was successful in his claim against the Police and awarded compensation for wrongful arrest and assault. The judgment dealt with many common law legal principles including arrest at common law, arrest without a warrant, the lawfulness of an arrest and trespass to the person.

Read Supreme Court Decision 9 April 2010

Workplace Injury – Hutchison Construction Services Pty Ltd v Fogg; Fogg v Les Quatre Musketeers Pty Ltd (t/as Plastamasta South Coast) [2016] NSWCA 135


People suffer injuries at work every day. Claiming compensation for a work injury can be complicated in circumstances where someone other than your employer is legally responsible for your injury, such as on an industrial building site.

The Case

Mr Fogg was delivering some large sheets of villaboard to a commercial building site when he suffered a serious injury to his ankle.

The Result

The Court found that Mr Fogg’s employer was not liable for his accident but the subcontractor (whose employee directed the worker to unload deliveries in a location that was unsafe) was held to be solely liable for Mr Fogg’s injury. Mr Fogg’s compensation was ordered to be paid solely by the subcontractor.

Read Supreme Court Decision 29 May 2015

Read Supreme Court Decision June 2016

Read Supreme Court Decision 4 August 2016

Personal Injury Compensation – Shellharbour City Council -v- Rigby & Anor [2006] NSWCA 308


The Civil Liability Act 2002 is the current legislation governing dangerous recreational activities and obvious risks and circumstances where people injured in such circumstances are entitled to compensation.

The Case

Before that legislation was introduced however Rhiannon Rigby suffered a serious injury when she rode her bike down the starting ramp and the BMX Bike track at Croome Road.

Lough and Wells commenced proceedings on Rhiannon’s behalf against Shellharbour City Council and Southlake BMX Incorporated alleging negligence on the part of each for failing to install a fence on the starting ramp.

The Result

The Court accepted that submission and found that had such a fence been installed Rhiannon’s injury would have been avoided or at least minimised and on that basis she was awarded compensation. The defendants appealed the decision however the Court of Appeal upheld the decision of the Court.

Read Supreme Court Decision 2003

Read Supreme Court Decision 2006