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Negligence

Daher v Gold & Eagle Constructions Pty Ltd

Daher v Gold & Eagle Constructions Pty Ltd [2024] NSWSC 1575

Workplace negligence case over a fall through a floor penetration at a renovation site. Gold & Eagle was liable; Steven Miller was not. Contributory negligence was assessed at 30%.

  • Work accident
  • Duty of care
  • Contributory negligence
  • Safe system of work
  • Liability apportionment
  • Negligence
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Torts

Cook v Riding for the Disabled Association (NSW) & Anor

Cook v Riding for the Disabled Association (NSW) & Anor [2024] NSWSC 1332

The court found the riding association negligent for not keeping two side walkers close to a severely disabled child, but held the State owed no duty during the session.

  • Negligence
  • Duty of care
  • Non-delegable duty
  • Breach of duty
  • Liability apportionment
  • School liability
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Equity

Burke v LFOT Pty Limited

Burke v LFOT Pty Limited [2002] HCA 17

The High Court held that LFOT could not seek equitable contribution from Burke for Hanave’s loss because their liabilities were not a common obligation.

  • Equitable contribution
  • Negligence
  • Misleading and deceptive conduct
  • Liability apportionment
  • Equitable-contribution
  • Misleading-and-deceptive-conduct
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Civil procedure

JARVAN PTY LTD (in liquidation) formerly John R CARR AND ASSOCIATES PTY LTD v SEERY and ORS

JARVAN PTY LTD (in liquidation) formerly John R CARR AND ASSOCIATES PTY LTD v SEERY and ORS [1998] NSWCA 117

The Court of Appeal upheld adoption of a referee’s report in a construction dispute and confirmed a 15%/85% apportionment between architect and engineer.

  • Referee reports
  • Discretion to adopt report
  • Liability apportionment
  • Professional negligence
  • Referee-reports
  • Appellate-review
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Maritime law

AUSTRALIAN STEAMSHIP PTY. LTD. V. THE SHIP ECHUNGA

Admiralty collision case in which Dixon J found both ships equally at fault for a convoy collision and ordered equal apportionment of loss.

  • Ship collision
  • Liability apportionment
  • Fault of master and crew
  • Maritime-law
  • Ship-collision
  • Liability-apportionment
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.