Tag: system of work
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Vozza v Tooth: proof of an alternative system of work
in NegligenceVozza v Tooth (1964) 112 CLR 316 For a plaintiff to succeed it must appear, by direct evidence or by reasonable inference from the evidence, that the defendant unreasonably failed to take measures or adopt means, reasonably open to him in all the circumstances, which would have protected the plaintiff from the dangers of his…
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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…
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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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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…