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  1. Occupier held liable for security guard’s fall

    9 February 2021 | Insurance & Health Law

    In Issue Should the plaintiff’s evidence be accepted in relation to the mechanism of his injury? Whether there was a risk which was reasonably foreseeable; and Whether there were reasonably practical means of obviating such risk. The background The...

  2. No Negligence? No Liability!

    28 January 2021 | Insurance & Health Law

    The New South Wales Court of Appeal has confirmed a commercial occupier is not liable for injuries suffered by a patron who slips and falls over a water spillage if a sufficient cleaning system is implemented. In Issue Whether an occupier of a shopping...

  3. Full Court held all “strands in a cable” to be considered when assessing circumstantial evidence

    22 July 2020 | Insurance & Health Law

    The 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...

  4. Mind the step – occupier’s liability and obvious risk

    14 July 2020 | Insurance & Health Law

    The 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...

  5. Disembark this way – District Court rules on airport trip case

    2 September 2019 | Insurance & Health Law

    An 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...

  6. Navigating the common access way: store owner held liable for customer collection area

    27 February 2019 | Insurance & Health Law

    The 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...

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