Archive for October 2017

The place of "error" in the appellate process

STRINGER & OR v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (SA) PTY LTD [2017] SASCFC 138 A trial Judge has primary responsibility for factual adjudication.  The Judge’s findings should not be disturbed unless good and sufficient reason to do so is positively established by the plaintiff.  In Fox v Percy,[10] the plurality, after referring to Warren…

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

[et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″] [et_pb_text admin_label=”Text”]     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 care and skill in engaging…

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Ambulance law

Logar v Ambulance Service of New South Wales Sydney Region [2017] NSWCA 274 Schmidt J (Macfarlan JA and Emmett AJA agreeing) held that the primary judge did not err in failing to make a finding as to the actual speed at which the ambulance proceeded through the intersection. Nor did the primary judge err in…

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Motor accident v. work injury damages

Steven George Villanti v Coles Group Supply Chain Pty Limited; Steven George Villanti v All Staff Australia NSW Pty Ltd t/as Allstaff Australia [2017] NSWSC 1231 NEGLIGENCE – breach of duty – workplace accident – whether employer is vicariously liable for driver – contributory negligence of driver – whether motor vehicle owner is negligent under…

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