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Australia decisions
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The Court of Appeal dismissed Hornsby Shire Council’s appeal in a playground negligence case, holding the council breached its duty by not addressing the uneven surface.
Karzi v Toll Pty Ltd [2024] NSWCA 120
The New South Wales Court of Appeal dismissed an employee’s negligence appeal over psychiatric injury, finding no breach, no pleaded vicarious liability, and no evidentiary error.
Broadspectrum (Australia) Pty Ltd v Farmer [2024] NSWCA 81
The Court of Appeal dismissed an employer and contractor appeal in a Nauru workplace injury case, upholding findings of causation, breach, and costs.
Marmara v Kmart Australia Limited [2024] NSWDC 89
The District Court found Kmart breached its duty of care after a bulky bike box fell in a self-checkout area and injured a shopper.
Health Care Corporation Pty Ltd t/as Wollongong Private Hospital v Cleary [2024] NSWCA 57
The Court of Appeal upheld liability in a hospital negligence case but reduced damages, finding some heads were unsupported or conceded and adjusting the award.
Cavanagh v Manning Valley Race Club Ltd [2022] NSWCA 36
The Court of Appeal held that the District Court gave inadequate reasons and failed to properly address liability evidence in a workplace injury negligence claim.
Gregg v The Owners –Strata Plan No. 80881 [2022] NSWCATCD 17
The Tribunal found the owners corporation breached its duty to maintain common property and awarded the lot owner $33,250 for lost rent.
Ganassin v Ulan Coal Mines Limited [2020] NSWDC 652
An underground coal miner succeeded in negligence and work injury damages after a mine fire caused smoke inhalation and psychological injury.
PM v The Council of Trinity Grammar School [2020] NSWSC 1353
The Court refused leave to file a further amended statement of claim because it did not properly plead the risk of harm or foreseeability under the Civil Liability Act.
SafeWork NSW v BOC Limited [2020] NSWDC 156
Work health and safety prosecution over medical gas installation at a hospital failed after the Court found BOC had not been proved to have breached its duty beyond reasonable doubt.
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