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Torts

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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Appeals on apportionment

By oooo / March 10, 2020 / Comments Off on Appeals on apportionment

[77] … As Meagher JA explained in Smith v Zhang [2012] NSWCA 142;  (2012) 60 MVR 525: “[21] Because the task of apportioning responsibility involves the weighing of a number of considerations and the making of judgments about which minds might reasonably differ, it is well established that appellate courts should not interfere in the absence of some…

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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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Pre-existing medical conditions, aggravation and the burden of proof

By robert / February 18, 2018 /

TORTS – negligence – apportionment of responsibility and damages – medical negligence – whether pre-existing condition was progressively deteriorating – whether causation was established – whether assessment of damages could be challenged – challenges to findings of fact and damages dismissed

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