Archive for duty of care

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→

Duty of development consent authority

Bankstown City Council v Zraika; Roads and Maritime Services v Zraika [2016] NSWCA 51


LOCAL GOVERNMENT – development consent – function of determining applications for development consent – whether local council as planning authority owed duty of care – nature of regulatory function for the purposes of Civil Liability Act 2002 (NSW) s 44 – special statutory power for the purposes of Civil Liability Act 2002 (NSW) s 43A – nature of test imposed by s 43A – whether local council liable for failing to impose conditions relating to traffic access to property

NEGLIGENCE – motor vehicle collision at intersection – one driver entered intersection contrary to left turn only arrows marked on road – whether driver failed to take reasonable care – whether breach of duty caused collision – apportionment of liability



A test for whether a public authority owes a duty a care?

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Solicitor's duty and retainer: extent of duty to advise

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Negligence  Duty of care  Local education authority  Claimant school pupil injured during school-arranged swimming lesson organised and provided on-site by independent contractor  Swimming teacher and lifeguard employed by independent contractor  Claimant bringing personal injury claim  Whether local education authority liable for negligence of independent contractor Whether owing non-delegable duty to secure that reasonable care taken of schoolpupils at location remote from school  Whether appropriate to decide issue as preliminary point

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