Posts Tagged ‘duty of care’

Police powers and duties: incoherence and incompatibility; Summary dismissal

CIVIL PROCEDURE – summary disposal – dismissal of proceedings – primary judge summarily dismissed proceedings on basis that defendant did not owe plaintiffs a duty of care – where weight of current authority against existence of duty of care – where argument available that common law should be extended to recognise duty of care –…

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Corporate structure and duty of care

Strategic Formwork Pty Ltd v Hitchen [2018] NSWCA 54 The Court (Basten JA, Sackville AJA and Simpson JA) allowed the appeal on damages in part but otherwise dismissed the appeal; by majority the Court (Basten JA and Sackville AJA, Simpson JA dissenting) dismissed the cross-appeal. The Court held: In relation to (i): (1)   Neither the separate…

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Police officers: duty of care owed by State

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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Duty of development consent authority

Bankstown City Council v Zraika; Roads and Maritime Services v Zraika [2016] NSWCA 51   LOCAL GOVERNMENT – development consent – function of determining applications for development consent – whether local council as planning authority owed duty of care – nature of regulatory function for the purposes of Civil Liability Act 2002 (NSW) s 44…

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Non-delegability

Negligence Duty of care Local education authority Claimant school pupil injured during school-arranged swimming lesson organised and provided on-site by independent contractor Swimming teacher and lifeguard employed by independent contractor Claimant bringing personal injury claim Whether local education authority liable for negligence of independent contractor Whether owing non-delegable duty to secure that reasonable care taken…

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