Category: Civil Liability Act
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Mendez v Trustees of the Roman Catholic Church for the Diocese of Parramatta
Mendez v Trustees of the Roman Catholic Church for the Diocese of Parramatta [2026] NSWSC 873 The applicable principles which inform my deliberation were considered by Wilson J in TS v The State of New South Wales [2021] NSWSC 1649 (TS). At [11]–[12], her Honour noted as follows:“[11] Thus, there are two statutory pre-requisites to…
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Intoxication and propellers
At around 2:30pm on 25 January 2020, a hat belonging to one of the members of the group was “unexpectedly blown into the water by strong winds”. Mr Liccardy dived into the water while the boat was moving to retrieve it. Mr Allred manoeuvred the boat and circled back to Mr Liccardy in such a…
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Single bollard on shared pedestrian & bike path
Ballina Shire Council v Moore [2023] NSWCA 155 Full text In deciding whether the precaution of removing the bollard should have been taken, the trial judge relied on a statement in a safety audit report that one bollard “is unlikely to slow cyclists” and rejected the evidence of the Council’s engineer that the bollard was…
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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 judge found the respondent to be a witness…
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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
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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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
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
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…