Corporate structure and duty of care

Strategic Formwork Pty Ltd v Hitchen [2018] NSWCA 54 The Court (Basten JA, Sackville AJA and Simpson JA) allowed the appeal on damages in part but otherwise dismissed the appeal; by majority the Court (Basten JA and Sackville AJA, Simpson JA dissenting) dismissed the...

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...

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

Hammond v The State of New South Wales [2013] NSWSC 1930 Adamson J    [51]  All parties referred me to the following six-step test identified by McHugh J in Crimmins at [93] and accepted that it was the correct test to apply to determine when the Commonwealth, States,...
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