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Occupier’s Liability Slip and fall on driveway – Caruana v Darouti [2014] NSWCA 85

Author: Gemma Abbey Judgement Date: 28th March, 2014 Citation: Caruana v Darouti [2014] NSWCA 85 Jurisdiction: Court of Appeal NSW[1] In Brief The absence of any prior accidents is not determinative in a finding of negligence. As to whether sÊ5B of ...

Published by McCabes News
5 April, 2014
Commercial

Occupier’s Liability Owner liable for mat placed on polished floor – Dillon v Hair [2014] NSWCA 80

Author: Renae Hamilton Judgement Date: 26th March, 2014 Citation: Dillon v Hair [2014] NSWCA 80 Jurisdiction: Court of Appeal[1] In Brief The owner’s knowledge of extraneous conditions will be relevant when determining the scope of the duty of ...

Published by McCabes News
5 April, 2014
Commercial

Constructing the boundaries of a builder’s duty of care – Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 and Anor [2014] HCATrans 52

Author: Kiley Hodges Judgement Date: 14th March, 2014 Citation: Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 and Anor [2014] HCATrans 52 Jurisdiction: High Court of Australia[1] In Brief The High Court of Australia has granted Broo...

Published by McCabes News
23 March, 2014
Commercial

New Zealand Supreme Court overturns Bridgecorp regarding a statutory charge over defence costs – BFSL 2007 Limited & Ors v Steigrad [2013] NZSC 156

Author: Yasmin Bell Judgement Date: 23rd December, 2013 Citation: BFSL 2007 Limited & Ors v Steigrad [2013] NZSC 156 Jurisdiction: Supreme Court of New Zealand[1] In Brief Pursuant to s 9(1) of the Law Reform Miscellaneous Provisions Act 1936 (N...

Published by McCabes News
15 March, 2014
Commercial

Failure to use high beam is equivalent to using road as a footpath – Marien v Gardiner; Marien v H J Heinz Company Australia Ltd [2013] NSWCA 396

Author: Joseph Vermiglio Judgement Date: 27th November, 2013 Citation: Marien v Gardiner; Marien v H J Heinz Company Australia Ltd [2013] NSWCA 396 Jurisdiction: Court of Appeal[1] In Brief Driving in a residential street does not prohibit the use of...

Published by McCabes News
15 February, 2014
Commercial

Can a failure to institute a system of inspection be found to have caused a plaintiff’s injury? – Australian Winch & Haulage Company Pty Limited v Collins [2013] NSWCA 327

Author: Melinda Conry Judgement Date: 9th October, 2013 Citation: Australian Winch & Haulage Company Pty Limited v Collins [2013] NSWCA 327 Jurisdiction: Court of Appeal [1] In Brief The Court of Appeal considered the issue whether an employer&#...

Published by McCabes News
18 October, 2013
Commercial

“Damages for economic loss contingent on whether earnings are derived through exertion or input” – Fkiaras v Fkiaras

Author: Nathan Morehead Judgement Date: 1st June, 2010 Citation: Fkiaras v Fkiaras (2010) NSWCA 116 Jurisdiction: New South Wales Court of Appeal In Brief An assessment of damages for economic loss pursuant to s 125 of the Motor Accidents Compensatio...

Published by McCabes News
29 May, 2010
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