-
Full Court held all “strands in a cable” to be considered when assessing circumstantial evidence
22 July 2020 | Insurance & Health LawThe Full Court found an electricity supplier negligent based on multiple breaches of duties of care without establishing a particular breach of its duty of care had caused the damage. In Issue: Where there are multiple breaches of duty and damage results...
-
Mind the step – occupier’s liability and obvious risk
14 July 2020 | Insurance & Health LawThe New South Wales District Court has found in favour of a large, national retailer under the ‘obvious risk’ provisions of the Civil Liability Act 2002 (NSW), and has examined the balance between the duties of care imposed on an occupier and...
-
Disembark this way – District Court rules on airport trip case
2 September 2019 | Insurance & Health LawAn injured plaintiff brought a negligence claim against Qantas Airways Limited (Qantas), the City of Karratha (Karratha) and Skystar Airport Services Pty Ltd (Skystar), following a trip and fall while crossing the tarmac to enter a terminal building. In...
-
Navigating the common access way: store owner held liable for customer collection area
27 February 2019 | Insurance & Health LawThe Court of Appeal in Western Australia has confirmed that a store owner owed a duty of care to a customer who, when standing in a common access way while his goods were being loaded, was negligently driven into by another user of the access way. In...
-
Court of Appeal confirms no action ought to have been be taken to address an uneven surface outside an aged care facility
15 January 2019 | Insurance & Health LawThe NSW Court of Appeal dismissed an appeal by the plaintiff from a judgment of the District Court, which held that an occupier’s reasonable response to a risk of tripping on an uneven surface at an aged care facility was to do nothing at all. In...
-
Hands off the phone!
11 September 2018 | Insurance & Health LawA consideration of liability arising from a fall in a shopping centre car park after the plaintiff slipped whilst distracted by his phone. In Issue The provisions of Section 5B of the Civil Liability Act 2002 (NSW) (the CLA), in particular sub-section...
Load More