Category: Negligence
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Psychiatric harm and reasonable foreseeability
Secretary Department of Communities and Justice v Soulos [2026] NSWCA 185 The respondent was a caseworker employed by the appellant, the Department of Communities and Justice (the DCJ). In 2017, a 14-year-old boy (YP) came under the respondent’s responsibility. In May 2019, a one of the respondent’s managers informed the respondent that YP had died by an accidental overdose. The respondent was…
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Vozza v Tooth: proof of an alternative system of work
in NegligenceVozza v Tooth (1964) 112 CLR 316 For a plaintiff to succeed it must appear, by direct evidence or by reasonable inference from the evidence, that the defendant unreasonably failed to take measures or adopt means, reasonably open to him in all the circumstances, which would have protected the plaintiff from the dangers of his…
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Ridis v Strata Plan 10308
Ridis v Strata Plan 10308 [2005] NSWCA 246; (2005) 63 NSWLR 449 Since the board is comprised, presumably, of ordinary lot owners the test for what they will foresee about the condition of the stairs and what they might do about them is less demanding of them than the test for an occupier of commercial…
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Ward v Endeavour Coal Pty Ltd
in NegligenceWard v Endeavour Coal Pty Limited [2026] NSWSC 557 NEGLIGENCE – workplace accident in coal mine – plaintiff travelling in front passenger seat of specialised mining vehicle – driver of vehicle a labour hire worker – plaintiff an employee of the mine operator – vicarious liability – pro hac vice employment – contributory negligence –…
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Electric Power Transmission Pty Ltd v Cuiuli
in Negligence(1961) 104 CLR 177 Kitto J: When I am asked to hold that a jury may reasonably think it negligent of an employer not to give a grown man instructions in looking after himself while cutting pieces of bush timber with a tomahawk, I feel obliged to decline on the ground of common sense to…
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Parsons v JJ Richards and Sons Pty Ltd
in NegligenceParsons v JJ Richards and Sons Pty Ltd [2008] NSWCA 331 Beazley JA [3] In Czatyrko v Edith Cowan University [2005] HCA 14 ; (2005) 214 ALR 349 the High Court reiterated the well-known principles governing an employer’s duty of care. The Court said, at [12]: The appellant relied in this Court on these basic…
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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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Identifying the risk: the level of generality
in NegligenceTapp (2022) 273 CLR 454 [110] Although the identification of the appropriate level of generality will not always be straightforward, there are four significant matters that must guide the reasoning process concerning the selection of the correct level of generality. First, and contrary to some views that have been expressed in the New South Wales…