Mental harm and corporate knowledge

Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21 This provision requires a different approach from that arising under general law principles. Where there is a pre-existing relationship, as with a contractual relationship...

Manifest unreasonableness: s. 43A CLA; s. 45 CLA

On 1 January 2010, the appellant, John Douglas Mansfield, drove his fully laden water truck along the single lane track of Greens Crossing Road, just south of Stroud. On crossing over a culvert, the left hand side of the bank gave way, resulting in his truck rolling...

Dangerous recreational activity – inherent risk

Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219   On 21 May 2011 the appellant was injured while riding a quad bike at the respondents’ recreational facility at Glenworth Valley in New South Wales. The appellant claimed that the respondents...

Contributory negligence under the CLA

Accordingly, the existence and extent of a claimant’s contributory negligence is to be assessed by reference to the risk of harm which is the subject of his or her claim for damages, and the precautions that a reasonable person in the claimant’s position would have...

Dangerous Recreational Activity

Campbell v Hay [2014] NSWCA 129 Read more 116 Consideration was given to the meaning of “significant risk of physical harm” in Falvo v Australian Oztag Sports Association [2006] NSWCA 17 and Fallas, from which a number of propositions can be drawn. The...
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