Rainy days and known risks burden occupiers2 February 2018 | Insurance & Health Law
The plaintiff slipped in an auditorium on rain water and successfully claimed that the council occupier should have taken precautions to stop the floor from becoming wet and slippery. In Issue The precautions required to be taken to prevent a parquetry...
Protection from civil liability defence not available to Queensland State Government14 November 2017 | Insurance & Health Law
Statutory protection from civil liability for Queensland Ambulance Service does not extend to the State of Queensland. In Issue Whether the State of Queensland was a ‘prescribed entity’. Whether the State could rely upon the protection from...
The grass is always greener on the other side12 October 2017 | Insurance & Health Law
In June 2011, Mrs Holland tripped and fell whilst crossing the road at an intersection in Rosebery NSW. As a result, she injured her left elbow and back. She sought damages from the City of Botany Bay Council claiming it was negligent in failing to...
Council as certifying authority overturns finding of liability to subsequent purchaser for structural defects28 September 2017 | Insurance & Health Law
The Court of Appeal rejected a novel claim by a subsequent purchaser of a residential property to recover damages for pure economic loss from the local Council. In Issue Whether Council, as principal certifying authority, owed the purchaser of residential...
A reserve is not a “pathway” and statutory defence applies but does not relieve Council for breach of common law obligations in respect of infrastructure1 June 2017 | Insurance & Health Law
Local Council avoids liability for breach of statutory duty but is nevertheless held liable for breach of common law duty of care following trip and fall on stormwater pit in Council reserve. In Issue Whether the reserve was properly classified as...
A win for local authority - Council not liable for plaintiff’s tumble24 May 2017 | Insurance & Health Law
Barry.Nilsson. recently successfully defended a claim against the Brisbane City Council by establishing that the plaintiff's injury was not, as alleged by her, sustained when her foot became entrapped by a protruding object in a park. In Issue Whether...