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...

Peer professional opinion in practice

NEGLIGENCE — Medical negligence — Peer professional opinion — Civil Liability Act 2002 (NSW) s 5O — Whether necessary that at the time of the alleged negligence there was an established practice which was widely accepted as competent medical practice — McKenna v...

Recovery of compensation payments

The question to be determined by the Court was whether Parkes Shire Council was able to recover payments of workers’ compensation from South West under s 151Z of the Workers Compensation Act 1987 (NSW).   South West Helicopters Pty Ltd v Stephenson [2017] NSWCA...

The ability to delegate the duty of care owed by an occupier

    STRINGER & OR v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (SA) PTY LTD [2017] SASCFC 138 Discharged a delegable duty (Ground 2) 2            The duty of an occupier in the circumstances of the respondent may be discharged by the exercise of reasonable...
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