Month

January 2014
Glad Retail Cleaning Pty Ltd v Alvarenga [2013] NSWCA 482 Barrett JA at [1] Gleeson JA at [2] Sackville AJA at [3] Sackville AJA Was the Risk Obvious? 59 The definition of “obvious risk” incorporates an objective test but one that is to be applied by reference to the position of the person concerned. In...
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Munro v State of Queensland [2014] QDC 003   Further to my earlier posting, I draw your attention to the factual distinction in similar case of being instructed to walk backwards and tripping or falling, by McGill DCJ:   Analysis [25] There was no evidence independent of Mr Howell to confirm that it was reasonable...
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QBE v Orcher; Bowcliff v Orcher [2013] NSWCA 478 1 McCOLL JA: I agree with Tobias AJA’s reasons and the orders his Honour proposes. 2 MACFARLAN JA: Subject to the following, I agree with the judgment of Tobias AJA. 3 As, for reasons given by his Honour, it was not established that Mr Paea was...
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   Morton v Ivor Fritz Removals Pty Ltd & Ors [2013]  QDC 293 A Brisbane interior design company has been sued in Queensland’s District Court in connection with the unloading of its furniture consignment by a removalist injured in the process at a Sydney residence. Read more… Reproduced with the permission of Carter Capner Law. David...
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  Habig v McCrae & Ors [2013] QSC 335 A German backpacker who stayed close to his broken down van after it rolled to a stop at night, in the middle of the busy Bruce Highway, should himself be responsible for serious head injuries that came when a freight truck smashed into it minutes later....
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