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Civil Liability Act

Horses, consumer law, dangerous recreational activities

By robertsheldon / April 23, 2020 / Comments Off on Horses, consumer law, dangerous recreational activities
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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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Peer professional opinion in practice

By robert / March 11, 2018 /

NEGLIGENCE — Medical negligence — Peer professional opinion — Civil Liability Act 2002 (NSW) s 5O — Whether necessary that at the time of the alleged negligence there was an established practice which was widely accepted as competent medical practice — McKenna v Hunter & New England Local Health District [2013] NSWCA 476; (2013) Aust…

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"Dangerous recreational activity" is not confined to non-professional sports

By robert / December 7, 2017 /

The appellant was a professional jockey who suffered serious injuries when his horse fell in a race at Queanbeyan Racecourse. The respondent, also a professional jockey, was riding in the same race. The appellant claimed that his injuries, loss and damage were caused by the respondent’s negligence or breach of duty by riding in such…

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Road authority

By robert / May 3, 2017 /

Wells v Council of the City of Orange (No 2) [2017] NSWSC 510 TORTS – negligence – motor vehicle accident – motorcycle colliding with water-filled barrier at night – duty of care – breach of duty – standard of liability – whether using water-filled barrier manifestly unreasonable – expert evidence – whether failure to comply…

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