Tag: reasons
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Lancaster v Foxtel Management Pty Ltd: reasons
Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 Basten AJ “54 The objective, within the scheme of the Act, of requiring the Medical Panel to give a written statement of reasons for that opinion can therefore be seen to be that persons affected by the opinion automatically be provided with a written statement of…
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Reasons
in AppealLichaa v Boutros [2021] NSWCA 322 The need for reasons and the content of reasons to satisfy that obligation were conveniently summarised in Wiki v Atlantis Relocations (NSW) Pty Ltd (2004) 60 NSWLR 127 per Ipp JA, with whom Bryson JA and Stein AJA concurred, at [56]-[68] but particularly at [56]-[57] and [61]: ”The judicial obligation to give reasons…
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Negligence – need to deal with each suggested precaution by reference to s. 5B(1)
NEGLIGENCE – occupier’s liability – customer trips and falls in appellant’s premises while entering a children’s play area – play area had raised shock-absorbent surface – primary judge found failure to warn and failure to make surface of play area level with remainder of premises were breaches of duty which caused the injury – findings…