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Civil Liability Act

Obvious risk: framing the relevant risk

By robertsheldon / September 1, 2021 / Comments Off on Obvious risk: framing the relevant risk

Cox v Mid-Coast Council [2021] NSWCA 190 It was not appropriate specificallyto identify the Ferris wheel in the characterisation of the risk of harm: at [1] (Meagher JA); [41]-[42] (Payne JA); [85] (Emmett AJA). Although the risk of harm must be identified with sufficient specificity to capture the harm which resulted from its materialisation on the facts of…

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Obviousness & contributory negligence

By robertsheldon / July 12, 2021 / Comments Off on Obviousness & contributory negligence

Wollongong City Council v Williams [2021] NSWCA 140 TORTS — Negligence — Appellant injured as a result of falling on the first step on a stepped path in a park — Whether the primary judge erred in finding that the appellant had breached the duty of care which it owed to the respondent — Primary…

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Slip and fall on public boat ramp

By robertsheldon / August 30, 2020 / Comments Off on Slip and fall on public boat ramp

Bowman v Nambucca Shire Council [2020] NSWSC 1121 The plaintiff brought negligence proceedings against Nambucca Shire Council relating to a slip and fall occurring on 22 February 2015 on the Scotts Head Marine Boat Ramp at Forster Beach, Scotts Head. The defendant had the care, control and management of a boat ramp. The boat ramp was constructed with the…

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Horses, consumer law, dangerous recreational activities

By robertsheldon / April 23, 2020 / Comments Off on Horses, consumer law, dangerous recreational activities

Menz v Wagga Wagga Show Society Inc [2020] NSWCA 65  Leeming JA: The claim under the Australian Consumer Law At [94]-[104], the primary judge rejected the allegations for contravention of s 60 of the Australian Consumer Law, which provides that: “If a person supplies, in trade or commerce, services to a consumer, there is a…

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Building site Head contractor: liability to and for the employees of others

By robertsheldon / March 18, 2020 / Comments Off on Building site Head contractor: liability to and for the employees of others

Hallmark Construction Pty Ltd v Brett Harford; Copeland Building Services Pty Ltd v Hallmark Construction Pty Ltd; Hallmark Construction Pty Ltd v Harford Transport Pty Ltd [2020] NSWCA 41 On 24 May 2013, before dawn, Brett Harford was delivering supplies to a building site in Homebush West. On arrival, the builder’s supervisor, Mr Isaia, directed him…

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Intentional acts under the Civil Liability Act

By robertsheldon / September 12, 2019 / Comments Off on Intentional acts under the Civil Liability Act

Section 3B of the Civil Liability Act only excludes the operation of the Act where the conduct that is the subject of proceedings was intentional, and done with intent to cause injury; the Act is not excluded merely because the proceedings relate to an intentional tort: [8], [51], [169]. [8] As this Court has noted on a number…

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Availability of cross claims in apportionable claims

By robertsheldon / July 3, 2019 / Comments Off on Availability of cross claims in apportionable claims

Landpower Australia Pty Ltd v Penske Power Systems Pty Ltd [2019] NSWCA 161 Bell P: Further consideration 39. In Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd (2013) 247 CLR 613; [2013] HCA 10 at [16], French CJ, Hayne and Kiefel JJ said: “The evident purpose of Pt 4 [of the CLA] is…

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Obvious and insignificant risk resulting from unevenness in surface

By robertsheldon / December 21, 2018 /

In 2015 the appellant, then aged 70, tripped outside the entrance to an aged care facility operated by the respondent. The surface of that area consisted of large, flat concrete slabs bordered by rows of red bricks. There were height differences of 10–20 mm between the edges of the concrete and brick pavers, which had…

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Aeroplane colliding with kangaroo on rural landing field

By robertsheldon / December 13, 2018 /
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Negligence – need to deal with each suggested precaution by reference to s. 5B(1)

By robert / July 3, 2018 /

NEGLIGENCE – occupier’s liability – customer trips and falls in appellant’s premises while entering a children’s play area – play area had raised shock-absorbent surface – primary judge found failure to warn and failure to make surface of play area level with remainder of premises were breaches of duty which caused the injury – findings…

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