| Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) (UKSC) - negligence - home-carer injured when she slipped on snow-covered icy foot path outside client's house - employer's failure to provide footwear attachments was breach of Personal Protective Equipment at Work Regulations 1992 and negligence at common law - appeal allowed
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| Palmer Petroleum Pty Ltd v BGP Geoexplorer Pte. Ltd (QSC) - corporations - statutory demand - no genuine dispute or other reason to set aside statutory demand established - application dismissed
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Dear Subscriber
1. This Benchmark Television broadcast is with Michael Pearce SC on the appointment of provisional liquidators and winding up on the just and equitable ground with Ian Benson, Solicitor.
2. Michael is the consultant editor of the Victorian Reports. It is an interesting discussion. The decision of Austin J in the New South Wales case of Cadwallader was reversed on appeal although the principles of law, as enunciated by Austin J, were confirmed.
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| Michael Pearce SC on the appointment of provisional liquidators and winding up on the just and equitable ground with Ian Benson |
| Michael is the consultant editor of the Victorian Reports. It is an interesting discussion. The decision of Austin J in the New South Wales case of Cadwallader was reversed on appeal although the principles of law, as enunciated by Austin J, were confirmed. |
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| Summaries With Link (Five Minute Read) |
Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6
Supreme Court of the United Kingdom
Lady Hale, Deputy President; Lord Wilson, Lord Reed, Lord Toulson & Lord Hodge
Negligence - appellant employed by respondent as home carer - appellant injured wrist when she slipped on sloping public footpath covered in snow overlying ice outside client's house - appellant was wearing flat boots with ridged soles when she slipped and fell - employer's duty of care - risk assessments - precautions - causation - admissibility of expert evidence on health and safety practice - held: employer's failure to provide footwear attachments to appellant constituted both a breach of Personal Protective Equipment at Work Regulations 1992 and negligence at common law - appeal allowed.
Kennedy |
Palmer Petroleum Pty Ltd v BGP Geoexplorer Pte. Ltd [2016] QSC 33
Supreme Court of Queensland
Boddice J
Corporations - statutory demand - applicant sought to set aside respondent's statutory demand pursuant to s459G Corporations Act 2001 (Cth) - whether genuine dispute or “some other reason” to set aside demand - ss459H & 459J - held: genuine dispute about existence or amount of debt not established - applicant's failure to comply with demand was due to financial inability to do so - no other reason to set aside demand - application dismissed.
Palmer |
