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...

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...

"not insignificant"

Vincent v Woolworths Ltd [2016] NSWCA 40 31 In relation to s 5B(1)(b), Ms Vincent submitted that “the statutory notion [that] ‘the risk was not insignificant’ is directed towards the assessment of the probability of the occurrence of the risk. It is not directed to...