Oz standards not dispositive

Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369 NEGLIGENCE – liability of occupier – liability of landscape architect – patron injured as stepped into garden bed in Club car park – true depth of garden bed obscured by...

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...

Battery, intention

Croucher v Cachia [2016] NSWCA 132   [21] A defendant who directly causes physical contact with a plaintiff will commit a battery unless the defendant proves that the defendant was “utterly without fault”. The requisite direct contact will be present if the...

Advocates' immunity

Legal practitioners – Negligence – Advocate’s immunity from suit – Advice given out of court – Where advice given by advocate led to agreed settlement of proceedings – Where terms of settlement reflected in consent orders made by court and court’s noting...

Duty and foreseeability

Vincent v Woolworths Ltd [2016] NSWCA 40 Macfarlan JA 28 In considering whether a duty of care existed, it is appropriate to consider reasonable foreseeability, a concept fundamental to the existence of a duty of care, at “a higher level of abstraction” than at the...