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Bainbridge v James, Jacotine and Liuzag Custodian Pty Ltd

Bainbridge v James, Jacotine and Liuzag Custodian Pty Ltd

Case [2011] VCC 1393

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AGLC: Bainbridge v James, Jacotine and Liuzag Custodian Pty Ltd [2011] VCC 1393
Case: [2011] VCC 1393
Decision Date: 13 December 2011

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Citations

Bainbridge v James, Jacotine and Liuzag Custodian Pty Ltd [2011] VCC 1393

Most Recent Citation

Bainbridge v James [2013] VSCA 12

Cases Citing This Decision

Bainbridge v James [2013] VSCA 12
Citation 1 (Para 1)

…rwise empty time would be to get them to assist the movement of Father Christmas through the shoppers and their children to his destination. [5][2011] VCC 1393, [59].…

Cases Cited

Statutory Material Cited

Elazac Pty Ltd v Shirreff [2011] VSCA 405
Citation 1

…eal in Shirreff. I do not consider that the Court of Appeal was in any way critical of the indicia used. [9] ( supra ) [10] Elazac Pty Ltd v Shirreff [2011] VSCA 405 32 Robson J, at first instance, had found that the plaintiff was an employee. The Court of Appeal held that he had not given sufficient weight to var…
Merck Sharp & Dohme (Australia) Pty Ltd v Peterson [2011] FCAFC 128
Citation 2

…ca v Ellis ; but it is also true that this rule represents the law in Australia binding on all courts below the High Court.”[42] [40] [2011] FCAFC 128 [41] [2010] HCA 5 [42] ( supra ) at paragraph [99]…
Evans v Queanbeyan City Council [2011] NSWCA 230
Citation 3

…cient for a conclusion of causation by material contribution to that harm or for a conclusion of responsibility in law for that harm.”[44] [43] [2011] NSWCA 230. [44] ( supra ) at paragraph [102]…
Amaca Pty Ltd v Ellis [2010] HCA 5
Citation 4

…also true that this rule represents the law in Australia binding on all courts below the High Court.”[42] [40] [2011] FCAFC 128 [41] [2010] HCA 5 [42] ( supra ) at paragraph [99]…
Adeels Palace Pty Ltd v Moubarak [2009] HCA 48
Citation 5

…or would have prevented re-entry by the gunman, who it described as a determined person, armed with a gun and irrationally bent on revenge. [46] [2009] HCA 48 104 The defendants relied on the statement by the Court at paragraphs [50] and…
Hollis v Vabu Pty Ltd [2001] HCA 44
Citation 6

…f the relationship between the two parties.[13] [13] See Zuijs v Wirth Brothers Pty Ltd (1955) 93 CLR 561 at paragraph [571-2]; Hollis v Vabu Pty Ltd (2001) 207 CLR 21 at paragraph [44]; Stagecraft Ltd v Minister of National Insurance (1952) SC 288 at 297…
Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61
Citation 7

…f care to protect another from injury resulting from criminal acts of third parties. I shall return to this issue later in these reasons. [12] [2000] 176 ALR 411 35 I consider that the question as to whether Mr Bainbridge is an employee of the first defendants or merely an independent contractor is to be deter…
Bennett v Minister of Community Welfare [1992] HCA 27
Citation 8

…se of the causal connection is to be determined in accordance with commonsense notions of causation.[45] [45] Bennett v Minister of Community Welfare (1992) 176 CLR 408; March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 95 The breach of duty need not be the sole cause. Plainly here, the primary cause of Mr Bainbridg…
March v E & MH Stramare Pty Ltd [1991] HCA 12
Citation 9

…ccordance with commonsense notions of causation.[45] [45] Bennett v Minister of Community Welfare (1992) 176 CLR 408; March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 95 The breach of duty need not be the sole cause. Plainly here, the primary cause of Mr Bainbridge’s injury was that he was kicked by a youth who is…
Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1
Citation 10

…all the circumstances, it was not in breach of that duty. I do not consider that the decision in Brodribb assists Mr Bainbridge in this matter. [38] (1986) 160 CLR 16 85 It was further submitted on behalf of Mr Bainbridge that the Modbury principle was restricted to occupiers. The defendant in Modbury was an occupi…
Podbrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34
Citation 11

…rtionments might have been made. I considered that this was likely to confuse the jury. [71] Podrebersek v Australian Iron and Steel Pty Ltd [1985] 59 ALJR 492 at 494 196 In addition, at the commencement of the trial and up until the fourth day of it, neither the jury nor I had been told anything of contributi…
Kondis v State Transport Authority [1984] HCA 61
Citation 12

…se tasks to another person or that he has made arrangements with another person to attend to those matters. [19] Kondis v State Transport Authority (1984) 154 CLR 672 at 687-8…
McLean v Tedman [1984] HCA 60
Citation 13

…cident prevention is unquestionably one of the modern responsibilities of an employer … .”[18] [18] McLean v Tedman & Brambles Holdings Ltd (1984) 155 CLR 306 at paragraph [12]…
Jones v Dunkel [1959] HCA 9
Citation 14

…mes.[20] I therefore accept that, in substance, Mr James advised Mr Bainbridge that such a security guard would be with him on those journeys. [20] Jones v Dunkel (1959) 101 CLR 298 46 Further, in answer to Interrogatory 3, Mr James swore that “the first defendants expected the second defendant to provide a security gua…
Jones v Dunkel [1959] HCA 8
Citation 15

…efore accept that, in substance, Mr James advised Mr Bainbridge that such a security guard would be with him on those journeys. [20] Jones v Dunkel (1959) 101 CLR 298 46 Further, in answer to Interrogatory 3, Mr James swore that “the first defendants expected the second defendant to provide a security guard”.[21] [21…
Zuijs v Wirth Brothers Pty Ltd [1955] HCA 73
Citation 16

…ent contractor is to be determined by examining the totality of the relationship between the two parties.[13] [13] See Zuijs v Wirth Brothers Pty Ltd (1955) 93 CLR 561 at paragraph [571-2]; Hollis v Vabu Pty Ltd (2001) 207 CLR 21 at paragraph [44]; Stagecraft Ltd v Minister of National Insurance (1952) SC 288 at 297…
Smith v Leurs [1945] HCA 27
Citation 17

…onable care so to exercise that control as to avoid conduct on his part exposing the person or property of others to unreasonable danger.” [39] (1945) 70 CLR 256 at 262…
Boehm v Strongback Pty Ltd [2011] VSC 463
Citation 18

…son is an employee of another has been judicially considered on a number of occasions. Recently, in Boehm v Strongback Pty Ltd ,[7] Beach J said: [7] [2011] VSC 463 at paragraph [18] “As I have said above, a significant issue in this case is whether the plaintiff was an employee of the defendant or an independent…
Shirreff v Elazac Pty Ltd [2010] VSC 381
Citation 19

…ctors in determining the nature of the relationship between a person who engages another to perform work and the person so engaged include: [8] [2010] VSC 381 at paragraphs [125] and [136] (a) the degree of control which the former can exercise over the latter; (b) whether what is being supplied is the work and s…
Gunns Ltd v Marr (No 5) [2009] VSC 284
Citation 20

…[70] [2009] VSC 284 “(a) Subject to compliance with the Rules of the Court, a party is entitled as of right to seek trial by jury provided the claim is founded in contract or in tort. (b) For that right to be enlivened, it is necessary for the party seeking trial by jury to comply with the procedural requirements…

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