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Duty of care to a rescuer August 26, 2015

EVIDENCE – admissibility and relevance – expert opinion – expert conceded lack of expertise in specific field – report admitted “provisionally” – whether the report rejected and then improperly relied on by the trial judge
NEGLIGENCE – breach of duty – rescuer injured – respondent provided an enclosed playground area at its premises – respondent knew that playing in the back area of the playground was dangerous and that children used to go there – a small child entered the back area of the playground and got stuck on the equipment – entrance to the area was through a gate which had no warning on it nor a secure lock – appellant fell after rescuing the child – whether respondent breached duty of care by failing to provide a system preventing unauthorised access by children to the back area

Metaxoulis v McDonald’s Australia Ltd [2015] NSWCA 95

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Offers of compromise with terms not reflected in final orders

Pleadings – form

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The need for articulation of a duty, at a high level of generality, before examining breach




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