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Turner v State of New South Wales
[2019] NSWCA 164
Citation 1
…g against the risk would involve little difficulty or expense, the failure to adopt such means will in general be negligent.[22] [22] See Gibbs CJ in Turner v State of South Australia (1982) 42 ALR 669. 62 I am satisfied on the balance of probabilities that a reasonable and prudent employer in the position of the defendant would have fore…
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Turner v State of South Australia
[2011] FCA 1312
Citation 2
…ittle difficulty or expense, the failure to adopt such means will in general be negligent.[22] [22] See Gibbs CJ in Turner v State of South Australia (1982) 42 ALR 669. 62 I am satisfied on the balance of probabilities that a reasonable and prudent employer in the position of the defendant would have foreseen that t…
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Mayhew v Lewington's Transport Pty Ltd
[2010] VSCA 202
Citation 3
(Para 30)
…in his own interest or for his own convenience.[28] Findings [27] Mayhew v Lewington’s Transport Pty Ltd [2010] VSCA 202 at [30]. [28] Davies v Adelaide Chemical and Fertilizer Company Limited [1946] HCA 47; (1946) 74 CLR 541. 82 In this case, I am not satisfied that the plaintiff’s action in attempting to right…
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Casey City Council v Kohn
[2006] VSCA 82
Citation 4
…ast loss of earnings. Future loss of earning capacity Legal principles [45] Casey City Council v Helen Kohn [2006] VSCA 82. 134 The assessment of future economic loss must take into account a variety of considerations, including sickness, accidents, unemployment and industrial disputes.[46] Positive consideration…
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Franklin v Ubaldi Foods Pty Ltd
[2005] VSCA 317
Citation 5
…or differences in histories given to various doctors, I adopt the observations made by Ashley JA in Franklin v Ubaldi Foods Ltd [2005] VSCA 317 at p 9: Concerning the history as recorded, two observations may be made. First, the question what history was given to a doctor potentially raised questions both as to wh…
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Czatyrko v Edith Cowan University
[2005] HCA 14
Citation 6
…oughtlessness, inadvertence or carelessness.[19] [19] Czatyrko v Edith Cowan University (2005) 79 ALJR 839 [12]. 55 To determine whether an employer has discharged his common law obligation the Court must take into account the power of the employer to prescribe, warn, command and enforce obedience to the commands.[20…
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Andar Transport Pty Ltd v Brambles Ltd
[2004] HCA 28
Citation 7
…McLean v Tedman (1984) 155 CLR 306 at 313. 56 In Andar Trasport Pty Ltd v Brambles Ltd (2004) 217 CLR 424 the plaintiff was injured when he was unloading a trolley from a truck owned by the defendant. The High Court said at paragraph 54: The employer was obliged to take reasonable steps to ensure that the loading an…
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Martin v Hendersons Industries Pty Ltd
[2004] VSCA 19
Citation 8
…ot remote chance or possibility, but does not require satisfaction on the balance of probabilities: See Martin v Henderson Industries Pty Ltd [2004] VSCA 19. 67 Regulation 15 requires an employer to ensure that any risk of a musculoskeletal disorder affecting an employee occurring is either eliminated or, if it i…
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City of Brimbank v Halilovic
[2000] VSCA 12
Citation 9
…. [47] Ibid 162. [48] Ibid 154 per Dawson, Toohey, Gaudron and Gummow JJ. [49] City of Brimbank v Halilovic [2000] VSCA 12. 135 In their viva voce evidence, Dr Teo, Mr Doig and Mr Dunin said that the plaintiff is fit to work full-time as a teacher’s aide.[50] Mr Dunin also felt that the plaintiff was fit for ligh…
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Rogers v Whitaker
[1992] HCA 58
Citation 10
…udhofer v Poledano, 1972 VR 287. [41] Parkinson v Keuhnast (Fed Ct of A, FC) 20 December 1996, unreported, BC9606433). [42] Whitaker v Rogers (1990) Aust Torts Reps 81-062 (NSW SC) at 68,331. [43] City of Brimbank v Halilovic , VSCA 12 at 26. 120 Mr Mould is now 43 years old. He came to Australia from South Africa in 1981…
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Malec v JC Hutton Pty Ltd
[1990] HCA 20
Citation 11
…8 The plaintiff is entitled to be compensated for loss of earning capacity caused by the defendant’s negligent acts. [31] [31] Malec v Hutton (1990) 169 CLR 638 at 642-643. 109 However, in determining the amount of that loss, both from the date of injury to the date of trial and into the future, a court is required t…
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McLean v Tedman
[1984] HCA 60
Citation 12
…rescribe, warn, command and enforce obedience to the commands.[20] [20] McLean v Tedman (1984) 155 CLR 306 at 313. 56 In Andar Trasport Pty Ltd v Brambles Ltd (2004) 217 CLR 424 the plaintiff was injured when he was unloading a trolley from a truck owned by the defendant. The High Court said at paragraph 54: The empl…
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Sibley v Kais
[1967] HCA 43
Citation 13
…ligned by the plaintiff in the manner outlined above, nor that they were not to be realigned by the plaintiff on his own. Findings [21] Sibley v Kais (1967) 118 CLR 424. 61 I consider that the defendant should have been aware that it should consider whether the manual handling task in realigning boxes of polymer shee…
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Darling Island Stevedoring and Lighterage Co Ltd v Long
[1957] HCA 26
Citation 14
…to justify an inference that the accident was in fact caused by the breach.[25] Findings [24] Darling Island Stevedoring and Lighterage Co Ltd v Long (1957) 97 CLR 36, 49-50 per Williams J; O’Conner v Bray (1937) 56 CLR 464. [25] Betts v Whittingslowe (1946) 71 CLR 637,649 per Dixon J. 69 There is no evidence that…
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Davies v Adelaide Chemical and Fertilizer Co Ltd
[1946] HCA 47
Citation 15
…Transport Pty Ltd [2010] VSCA 202 at [30]. [28] Davies v Adelaide Chemical and Fertilizer Company Limited [1946] HCA 47; (1946) 74 CLR 541. 82 In this case, I am not satisfied that the plaintiff’s action in attempting to right the misaligned box on 2 September 2002, which was a cause of his hip injury, was in di…
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Betts v Whittingslowe
[1945] HCA 31
Citation 16
…land Stevedoring and Lighterage Co Ltd v Long (1957) 97 CLR 36, 49-50 per Williams J; O’Conner v Bray (1937) 56 CLR 464. [25] Betts v Whittingslowe (1946) 71 CLR 637,649 per Dixon J. 69 There is no evidence that an assessment of the risks posed by the task of realigning the boxes of polymer sheets on pallets was eve…
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O'Connor v S P Bray Ltd
[1937] HCA 18
Citation 17
…ed by the breach.[25] Findings [24] Darling Island Stevedoring and Lighterage Co Ltd v Long (1957) 97 CLR 36, 49-50 per Williams J; O’Conner v Bray (1937) 56 CLR 464. [25] Betts v Whittingslowe (1946) 71 CLR 637,649 per Dixon J. 69 There is no evidence that an assessment of the risks posed by the task of realigning…
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Mould v ABM Plastics Pty Ltd (Ruling 1)
[2010] VCC 1474
Citation 18
…matter been conducted as a cause. [1] My reasons for discharging the jury are set out in Mould v ABM Plastics (Australia) Pty Ltd (Ruling 1) [2010] VCC 1474. 6 During the course of the trial, a number of the plaintiff’s co-workers gave evidence. Mr Graham Towart, a plate maker who was being assisted by the plaint…