Archive for September 2015

Statutory construction and the rule against double compensation

STATUTORY INTERPRETATION – application of general law principles to statutory compensation scheme – construing two statutes of the same legislature conformably – whether provisions of one statute picked up by second statute WORKERS’ COMPENSATION – dust diseases – whether qualified claimant entitled to payment of benefit – whether Dust Diseases Board entitled to refuse claim…

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Causation: trade practices

TRADE PRACTICES – misleading and deceptive conduct under Trade Practices Act 1974 (Cth) – causation – whether legal causation established – dependent on purpose of statute as related to the circumstances of the particular case

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Non-delegability

Negligence Duty of care Local education authority Claimant school pupil injured during school-arranged swimming lesson organised and provided on-site by independent contractor Swimming teacher and lifeguard employed by independent contractor Claimant bringing personal injury claim Whether local education authority liable for negligence of independent contractor Whether owing non-delegable duty to secure that reasonable care taken…

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Obvious risk

TORTS – negligence – duty of care – public authority –breach of duty – where plaintiff cyclist seriously injured when she fell over low guard rails of wooden bridge after the front wheel of her bicycle became stuck in a gap between the planks of the bridge – whether primary judge correctly identified risk of harm for the purposes of s 5B, Civil Liability Act 2002 (NSW)…

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Risk warning: “the general nature of the particular risk”

TORTS – negligence – where appellant injured jumping off 10 metre diving platform – whether occupier of pool owed duty of care to supervise and instruct individuals using platform – whether primary judge erred in finding as to instruction given – whether warning of risk of injury in using platform was given in accordance with…

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