Archive for Negligence

Road authority

Wells v Council of the City of Orange (No 2) [2017] NSWSC 510

TORTS – negligence – motor vehicle accident – motorcycle colliding with water-filled barrier at night – duty of care – breach of duty – standard of liability – whether using water-filled barrier manifestly unreasonable – expert evidence – whether failure to comply with Australian Standard determinative – Civil Liability Act 2002 ss 5B, 5D, 5R, 43A, 50, 54 – breach of duty and causation not established – s 43A defence established – s 54 defence established – verdict for defendant.

The proper approach to duty, risk and breach under the Civil Liability Act, 2002

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Vicarious liability

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Motor vehicles and injuries at work

Toll Pty Ltd v Harradine [2016] NSWCA 374

The authorities establish that if the forklift in the present case was being used to unload the contents of the stillage onto the trailer, and the forklift was stationary during this process, Mr Bournes was not “driving” it within the meaning of s 3A(1) of the MAC Act.

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a slight movement of the forklift forwards or backwards while the unloading process was continuing would not change the “exclusive non-driving character” of the process

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Solicitor's duty beyond the retainer

AS BANNISTER & ORS v SIRROM ENTERPRISES PTY LTD [2016] SASCFC 153

85. The extent to which the duty requires a solicitor to advise on matters beyond a client’s express instructions is problematic. In Micarone v Perpetual Trustees Australia Ltd,[1] Debelle and Wicks JJ identified the scope of a solicitor’s duty of care as follows:[2]

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