Insights Insights
  1. Actual knowledge of a particular risk - a stringent test revisited

    19 July 2022 | Insurance & Health Law

    The decision of Ricky Eddy v Goulburn Mulwaree Council and Golden Star Import & Export Pty Ltd [2021] NSWDC 150, has been overturned on appeal with the Court of Appeal holding that prior complaints were sufficient to establish actual knowledge of a particular risk.

  2. Don’t trip up by failing to have a reasonable system of inspection

    6 September 2021 | Insurance & Health Law

    A schoolgirl who sustained an ACL injury during a weekend school touch football match failed to establish that it was caused by a hole or depression on the field, and her claim against the local council and the school was dismissed.

  3. Council found liable for not watching their step

    13 August 2021 | Insurance & Health Law

    The NSW Court of Appeal affirmed a decision that a local Council was liable for injuries sustained by the respondent after falling on steps located on a stepped pathway. A cross appeal on contributory negligence was unsuccessful, but on the percentage discount on past economic loss was successful.

  4. The height of insignificance

    9 August 2021 | Insurance & Health Law

    The NSW District Court held a 5 – 10mm footpath height differential posed an insignificant risk within the meaning of section 5B(1)(b) of the Civil Liability Act 2002 (NSW)

  5. Public Authority’s attempt to limit its liability goes up in flames

    4 August 2021 | Insurance & Health Law

    The Western Australian Court of Appeal clarified the interaction between the statutory and common law duties of Western Power as operator of the state’s electricity distribution system, in respect of its duty of care to avoid or minimize the risk of harm to persons from fire arising from use of...

  6. Disembark this way – Court of Appeal rules on airport trip case

    21 July 2021 | Insurance & Health Law

    The WA Court of Appeal considers the liability and contractual issues arising between an airline carrier, the owner/occupier of the airport and the entity providing ground handling services in circumstances where an injured person tripped and fell on a raised concrete plinth whilst crossing the...

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