Category: Foreseeability
-
Precision in identifying the risk of harm
Character of injury & sequence of events in Rosenberg v Percival (140), Gummow J said: “A risk is real and foreseeable if it is not far-fetched or fanciful, even if it is extremely unlikely to occur. The precise and particular character of the injury or the precise sequence of events leading to the injury need…
-
Karzi v Toll Pty Ltd
Karzi v Toll Pty Ltd [2024] NSWCA 120 [2024] NSWCA 120 Section 326 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) is not conclusive evidence that a psychiatric injury in respect of which a Workers Compensation Commission certificate is issued is permanent for the purpose of determining causation in negligence. The primary…