Skip to main content
article thumbnail

Nicholas Pitt

Special Counsel

Sydney

+61 2 9234 4684

Nicholas currently works in the General Insurance team, specialising in public and product liability matters as well as professional indemnity.

EXPERIENCE & EXPERTISE

Nicholas has acted in a vast range of matters including complex and catastrophic claims for a number of insurers, as well as acting for self-insured clients. He has advocated for these clients in NSW courts and other interstate jurisdictions, as well as NSW SIRA’s Dispute Resolution Service and the NSW Civil and Administrative Tribunal.

Nicholas, whilst running his own matters and practice, also assists the partner in the management of claims with complex medical and liability issues, in relation to wrongful death and personal injury claims.

Nicholas runs his own practice and is responsible for the running and management of multiple Professional Indemnity, Public Liability and catastrophic claims, with the assistance of lawyers and paralegals under his supervision.

ACCOMPLISHMENTS

Nicholas became an Accredited Specialist in Personal Injury Law in 2018.

Nicholas was involved in the successful appeal in the matter of Bates v Gillham [2016] NSWCA 129. This matter provided good authority that in order to satisfy s5B of the Civil Liability Act 2002 (NSW) (CLA), a plaintiff must demonstrate that a defendant’s actions were inherently unreasonable and that a reasonable person in the position of the defendant would not have done the same. It also supported the notion that s5E of the CLA places an onus on the plaintiff to not only adduce evidence, but prove the facts upon which they wish to rely during oral evidence, particularly during cross-examination.

He was also involved in Court of Appeal proceedings, Endeavour Energy v Precision Helicopters Pty Ltd [2015] NSWCA 169. This matter altered the findings of the trial judge as to the issue of whether the Civil Aviation (Carriers’ Liability) Act 1967 (NSW) (CACLA) had application to the claim and secondly, whether an employee of Endeavour Energy, Mr Edwards (who was on board at the time of a helicopter accident) was a passenger for the purpose the CACLA. Quantum in this claim was approximately $16 million.

Expertise

Qualifications

  • Bachelor of Commerce, 2008, University of Notre Dame Australia
  • Juris Doctor, 2011, Bond University

SPECIALIST ACCREDITATIONS

  • Accredited Specialist in Personal Injury Law

Memberships

  • Law Society of New South Wales