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Negligence

Professional liability, limitation periods and summary dismissal

By robert / December 5, 2017 /

(1)   The respondent’s causes of action accrued once the impact of the settlement of the first WC claim became “known or apparent”. According to his pleaded and particularised case, that occurred on or around the date of his knee surgery in November 2007, at which time he suffered measurable damage for the purposes of both his…

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The ability to delegate the duty of care owed by an occupier

By robert / October 30, 2017 /

[et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″] [et_pb_text admin_label=”Text”]     STRINGER & OR v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (SA) PTY LTD [2017] SASCFC 138 Discharged a delegable duty (Ground 2) 2            The duty of an occupier in the circumstances of the respondent may be discharged by the exercise of reasonable care and skill in engaging…

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Commonwealth Duty of Care to passengers on Suspected Illegal Entry Vessel

By robert / September 18, 2017 /

    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 identified maritime threats, including irregular maritime arrivals.  

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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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The proper approach to duty, risk and breach under the Civil Liability Act, 2002

By robert / April 25, 2017 /
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Vicarious liability

By robert / March 2, 2017 /
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Motor vehicles and injuries at work

By robert / December 28, 2016 /

Toll Pty Ltd v Harradine [2016] NSWCA 374 The authorities establish that if the forklift in the present case was being used to unload the contents of the stillage onto the trailer, and the forklift was stationary during this process, Mr Bournes was not “driving” it within the meaning of s 3A(1) of the MAC…

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Solicitor's duty beyond the retainer

By robert / December 27, 2016 /

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 JJ identified the scope of a solicitor’s duty of care as follows:[2]

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Oz standards not dispositive

By robert / December 21, 2016 /

Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369 NEGLIGENCE – liability of occupier – liability of landscape architect – patron injured as stepped into garden bed in Club car park – true depth of garden bed obscured by vegetation – primary judge found Club liable but architect not…

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Police officers: duty of care owed by State

By robert / December 12, 2016 /

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 should have been given, and which would probably have…

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