Tag: inadvertance
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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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Roche Mining Pty Ltd v Jeffs
in GeneralRoche Mining Pty Ltd v Graeme Wayne Jeffs [2011] NSWCA 184 [77] As to Roche’s contention that the respondent’s experience, training or the obviousness of the risk militated against precautions (other than those in place) being taken, I agree with the primary judge’s conclusion (at [117]) that a person in Roche’s position is required, when…
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McLean v Tedman
in GeneralMcLean v Tedman (1984) 155 CLR 306 If there is a foreseeable risk of injury (313) arising from the employee's negligence in carrying out his dutiesthen this is a factor which the employer must take into account.That this is so was implicitly acknowledged by Taylor J. in Smith v.Broken Hill Ply. Co. Ltd. (11), when…