SA Which are the best sites/methods to search for cases on some detail?

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arthur brogard

Well-Known Member
13 August 2019
17
0
71
I wanted to search for torts where negligence was not proven simply because of not proving damage. In the end I couldn't really do it. I could find many negligence cases, of course and searches on 'damage' would bring them. But I could not find a way to throw up quickly case lists of cases that failed on that feature.
Made me think maybe I don't know the best places/methods to search.
And should ask.
 

Nighthelyn

Well-Known Member
24 September 2014
103
12
414
Sydney
Dear arthur brogard,

There are plenty of search options but what you are asking, that there is a search parameter being ”failed on the element of proving damage” - rarely a case is only failed due to one critical issue and the judgments may be dissented as well. I don’t think that is possible. Maybe ask ChatGPT (I did that, dubious result today).

Unfortunately there is no substitute to searching, and reading each case to identify. I personally prefer simply reading an article on “damage is the gist of action” from e.g. ANU law school and look at each case in the article’s reference and go from there.

Now if you are asking - look for cases where damage is successfully made out - that’s a different beast. Simply look at cases in general, find barristers who specialise in negligence and win cases a lot, and just search his/her name. Great way to identify favorable facts or for a suitable barrister to retain.

Good luck!

-Nighthelyn