Skip to content

Archive for October 2015

Negligent home owner

Schultz v McCormack [2015] NSWCA 330 The appellant, Sheran Ann Schultz, was injured when she slipped and fell on a tiled floor, which was, in effect, the top step of the verandah of the home of the respondents, Norman McCormack and Cathryn McCormack. The accident took place at about midnight. The surface of the verandah…

Read More

Public pool – swimmer in training: no negligence in council

Uniting Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council [2015] NSWCA 320 NEGLIGENCE – school student injured while training in Council pool – pupil directed by swimming coach employed by School to dive into shallow end of pool – pupil slipped and suffered serious injury – whether Council liable to…

Read More

Appellate principles concerning challenges to apportionment; Contract; Indemnity

Bitupave Ltd t/as Boral Asphalt v Pillinger [2015] NSWCA 298 Held dismissing the appeal, dismissing the second respondent’s cross-appeal and allowing the first respondent’s cross-appeal: The primary judge did not err in finding that the risk of harm was one of which both Boral and the Council knew or ought to have known (Ward JA…

Read More