Motor accident v. work injury damages

Steven George Villanti v Coles Group Supply Chain Pty Limited; Steven George Villanti v All Staff Australia NSW Pty Ltd t/as Allstaff Australia [2017] NSWSC 1231
NEGLIGENCE – breach of duty – workplace accident – whether employer is vicariously liable for driver – contributory negligence of driver – whether motor vehicle owner is negligent under Civil Liability Act 2001 (NSW), ss 5, 5B, 5C and 5D – whether motor vehicle owner is liable as a statutory agent under s 112 of the Motor Accidents Compensation Act 1999 (NSW) – application of ss 3A and 3B of the Motor Accidents Compensation Act 1999 (NSW) – whether s 112 creates an exception to the general rule against dual vicarious liability – damages – Motor Accidents Compensation Act 1999 – whether first injury contributed to second injury

Commonwealth Duty of Care to passengers on Suspected Illegal Entry Vessel

 

 

In December 2010 the Commonwealth of Australia, through Border Protection Command, was conducting an operation in Australian territorial waters in the vicinity of Christmas Island known as “Operation Resolute” which was directed towards responding to identified maritime threats, including irregular maritime arrivals.

 

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TPD – test for error in the insurer/trustee’s decision

Whether the primary judge erred in his approach to the task of the Court in reviewing the Insurer’s opinion that Mr Jones was not Totally and Permanently Disable.

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