Oct 3, 2018 | Duty of Care, Negligence, Practice & Procedure, Recent cases
CIVIL PROCEDURE – summary disposal – dismissal of proceedings – primary judge summarily dismissed proceedings on basis that defendant did not owe plaintiffs a duty of care – where weight of current authority against existence of duty of care – where argument available...
Mar 27, 2018 | Duty of Care, Negligence
Strategic Formwork Pty Ltd v Hitchen [2018] NSWCA 54 The Court (Basten JA, Sackville AJA and Simpson JA) allowed the appeal on damages in part but otherwise dismissed the appeal; by majority the Court (Basten JA and Sackville AJA, Simpson JA dissenting) dismissed the...
Sep 18, 2017 | Duty of Care, Negligence
In December 2010 the Commonwealth of Australia, through Border Protection Command, was conducting an operation in Australian territorial waters in the vicinity of Christmas Island known as “Operation Resolute” which was directed towards responding to...
Dec 27, 2016 | Duty of Care, Legal Profession, Negligence
AS BANNISTER & ORS v SIRROM ENTERPRISES PTY LTD [2016] SASCFC 153 85. The extent to which the duty requires a solicitor to advise on matters beyond a client’s express instructions is problematic. In Micarone v Perpetual Trustees Australia Ltd,[1] Debelle and Wicks...
Dec 12, 2016 | Duty of Care, Negligence
State of New South Wales v Briggs [2016] NSWCA 344 1. Per curiam: In relation to the numerically large body of police officers, breach of a duty of care must be assessed in light of a postulated system that should have been devised, or a general instruction which...
Feb 9, 2016 | Duty of Care
Hammond v The State of New South Wales [2013] NSWSC 1930 Adamson J [51] All parties referred me to the following six-step test identified by McHugh J in Crimmins at [93] and accepted that it was the correct test to apply to determine when the Commonwealth, States,...
