| Grills v Leighton
Contractors Pty Ltd (NSWCA) - work injury damages - police officer injured when boom gate
lowered in error - erroneous finding of contributory negligence - appeal
allowed in part |
| Redbro Investments
Pty Ltd v Ceva Logistics (Australia) Pty Ltd (NSWCA) - negligence - workplace injury - equal
apportionment of liability between employer and third party - appeal dismissed |
| Smythe v Burgman (No
2) (NSWSC) - medical
negligence - patient’s leg amputated due to arterial clot - doctor not liable |
| Kennedy v Shire of
Campaspe (VSCA) - negligence - trip on paver - Road Management Act 2004 (Vic) - prospects of success - leave to
appeal allowed |
| AME Hospitals Pty Ltd v Dixon (WASCA) - contract - negligence - extension of time to bring action
against doctor and company - appeals dismissed |
| Summaries With Link (Five Minute Read) |
Grills
v Leighton Contractors Pty Ltd
[2015] NSWCA 72
Court of Appeal of New South Wales
Beazley P; Barrett & Gleeson JJA
Work injury damages - police officer
injured in course of duties during security operation when motorcycle collided
with boom gate lowered on Eastern Distributer in error by motorway controller
employed by first respondent - plaintiff sued first respondent and State as his
employer - primary judge found respondents negligent - appellant appealed
against finding of liability against State and finding of contributory
negligence against him - ss3B, 5B, 5C, & 5R Civil Liability Act 2002 (NSW) - held: primary judge correct to find
first respondent breached duty of care by lowering boom gate - State owed breached
employer’s duty of care by failing to give clear directions to first respondent
as to what was required in closing Eastern Distributor for security operation -
apportionment not in error - primary judge erred in finding of contributory
negligence - appeal allowed in part.
Grills
[From Benchmark 30 March 2015] |
Redbro
Investments Pty Ltd v Ceva Logistics (Australia) Pty Ltd [2015] NSWCA 73
Court of Appeal of New South Wales
Basten & Leeming JJA; Simpson J
Negligence - workplace injury - truck driver
employed by appellant - truck driver director of employer - employer owned prime
mover driven by worker - respondent contracted with employer to haul trailers -
worker claimed that, while loading trailer in Perth he fell and was injured -
respondent was held liable to worker on basis worker’s contributory negligence
was one third - respondent sued employer for statutory contribution - primary
judge apportioned liability equally between respondent and employer - employer
submitted injury had not occurred in way respondent and worker contended - employer
challenged primary judge’s acceptance of worker as witness of truth - employer
also contended corporate structure which permitted respondent to seek
contribution after compromising worker’s personal claim against it should result
in nil or minimal contribution - primary judge rejected employer’s submissions
- submissions in substance repeated on appeal - commercial reality - s151Z Workers Compensation Act 1987 (NSW) - held:
no error shown in primary judge’s reasoning - employer’s appeal dismissed.
Redbro
[From Benchmark 31 March 2015] |
Smythe
v Burgman (No 2)
[2015] NSWSC 298
Supreme Court of New South Wales
Adamson J
Medical negligence - plaintiff claimed
damages from doctor for leg amputation - plaintiff claimed doctor negligent in
failing to diagnose arterial ischaemia on either of two dates - ss5D(1), 5E,
5O, 15B(2)(c) & 16 Civil Liability
Act 2002 (NSW) - s 69(4) Evidence Act
1995 (NSW) - credit - usual practice - held: plaintiff failed to establish
breach of duty by doctor - Court satisfied doctor considered arterial ischaemia
and reasonably rejected it - even if doctor negligent, Court not satisfied negligence
would have caused or contributed to loss of leg - judgment for defendant.
Smythe
[From Benchmark 27 March 2015] |
Kennedy
v Shire of Campaspe
[2015] VSCA 47
Court of Appeal of Victoria
Whelan & Ferguson JJA
Negligence - applicant tripped on paver
while walking along street - applicant sued respondent - trial judge found
applicant may have had arguable case but Road
Management Act 2004 (Vic) prevented
her from succeeding - applicant sought leave to appeal - prospects of success -
s14A Supreme Court Act 1986 (Vic) -
held: trial judge referred to no
applicable Victorian authorities on relevant statutory provisions - trial judge
repeatedly referred to drafting problems, lack of clarity and difficulty in
construing provisions - trial judge applied New South Wales Court of Appeal
decision which applicant argued inapplicable - case raised difficult issues of
application of Jones v Dunkel and actual knowledge - held: applicant
should be given opportunity to obtain appellate determination of issues - prospect of success was real in sense it was not
fanciful - applicant granted leave to appeal.
Kennedy
[From Benchmark 26 March 2015] |
AME
Hospitals Pty Ltd -v- Dixon
[2015] WASCA 63
Court of Appeal of Western Australia
McLure P; Buss & Newnes JJA
Negligence - contract - limitations -
Master granted respondent extension of time under s36 Limitation Act 2005 (WA) to commence action against doctor and company
for breach of contract or negligence in connection with respondent’s birth - proper construction of s39 and its application
to facts and circumstances - injury -
physical cause - aware - ought reasonably to
have become aware - attributable to -
held: at time limitation period expired, respondent’s father not aware of physical cause of respondent’s encephalopathy
or cerebral palsy and not aware either
injury attributable to conduct of a person - Court’s power to extend time enlivened
- Master granted extension of time by order within 3 year period in s39(4) -
Master had power to make order within proper exercise of discretion - appeals dismissed.
AME
[From Benchmark 31 March 2015] |
Now
Sleeps the Crimson Petal
by Alfred, Lord Tennyson
NOW sleeps the crimson petal, now the white;
Nor waves the cypress in the palace walk;
Nor winks the gold fin in the porphyry font:
The fire-fly wakens: waken thou with me.
Now droops the milkwhite peacock like a ghost,
And like a ghost she glimmers on to me.
Now lies the Earth all Danaë to the stars,
And all thy heart lies open unto me.
Now slides the silent meteor on, and leaves
A shining furrow, as thy thoughts in me.
Alfred, Lord Tennyson
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