Archive for Negligence – Page 2

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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Oz standards not dispositive

Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369
NEGLIGENCE – liability of occupier – liability of landscape architect – patron injured as stepped into garden bed in Club car park – true depth of garden bed obscured by vegetation – primary judge found Club liable but architect not liable – both Club and architect liable for patron’s injury – no appellate interference with assessment of contributory negligence – statutory contribution between Club and architect 75% : 25%

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Police officers: duty of care owed by State

State of New South Wales v Briggs [2016] NSWCA 344

1. Per curiam: In relation to the numerically large body of police officers, breach of a duty of care must be assessed in light of a postulated system that should have been devised, or a general instruction which should have been given, and which would probably have prevented the psychological injury: at [8], [31], [64]-[68], [96], [138]-[139], [151]-[153]. Read More→

Battery, intention

Croucher v Cachia [2016] NSWCA 132

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Advocates' immunity

Legal practitioners – Negligence – Advocate’s immunity from suit – Advice given out of court – Where advice given by advocate led to agreed settlement of proceedings – Where terms of settlement reflected in consent orders made by court and court’s noting of agreement – Where negligence proceedings issued in respect of advice – Whether advocate immune from suit.

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