STRIZU v UNITED RUBBER (AUST) PTY LTD [1998] NSWCA 221
The trial judge’s directions adequately conveyed the law on duty and breach to the jury, and the rejection of evidence relating to the Surrey guidelines was proper since they were not tendered. No material misdirection or procedural error occurred; thus, the appeal fails.
Source-derived case information.
- Parties
- Appellant: Strizu; Respondent: United Rubber (Aust) Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 07 April 1998
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Duty of Care, System of Work, Evidence, Personal Injury, Employer Liability
Source-derived case record
Summary, issues, holding and outcome
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Parties
Strizu
Appellant
United Rubber (Aust) Pty Ltd
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the trial judge misdirected the jury on duty of care, standard of care, and breach
- 2 Whether the trial judge wrongly rejected evidence from the appellant’s expert
Ratio Decidendi
The trial judge’s directions adequately conveyed the law on duty and breach to the jury, and the rejection of evidence relating to the Surrey guidelines was proper since they were not tendered. No material misdirection or procedural error occurred; thus, the appeal fails.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
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