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Gaskin v Ollerenshaw
[2010] NSWSC 791
Citation 1
(Para 201)
…2] [2] See Papatonakis v Australian Telecommunications Commission (1985) 156 CLR 7 at [30] per Brennan and Dawson JJ. See also Gaskin v Ollerenshaw [2010] NSWSC 791 at [201]-[207] 266 The exception to the above rule may be where the occupier fails to warn of an unusual danger of his own making not discoverable by a…
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Bhambra v Roet
[2003] NSWCA 393
Citation 2
(Para 35)
…urt found the occupier was in breach of its duty of care. [3] Professor John Fleming, ‘ Law of Torts’ (9th ed, 1998) as cited in Bhambra v Roet [2003] NSWCA 393 at [35] [4] Papatonakis v Australian Telecommunications Commission ( supra ) 267 Apart from not informing the independent contractor of any unusual dangers…
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Brodie v Singleton Shire Council
[2001] HCA 29
Citation 3
…ages at 38, when examining the Migration Act 1958 (Cth). This is compared with the words of Hayne J who stated in the matter of Brodie v Singleton SC (2001) 206 CLR 512, that judges should not give effect to their own ideas of policy. 315 The High Court in Byrne held that an industrial award made pursuant to the Indu…
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Ordukaya v Hicks
[2000] NSWCA 180
Citation 4
…oyed courier, injured himself when the top paver step gave way as he removed a refrigerator from residential premises occupied by the defendant. [14] [2000] NSWCA 180 277 Sheller JA, with Mason P and Meagher JA agreeing, said: “The plaintiff submitted that Judge Cooper did not apply the correct test. The plaintiff…
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Gardiner v State of Victoria
[1999] VSCA 100
Citation 5
…loyee a statutory right to a private action. The provision also provided for a criminal penalty in the event of a breach by the employer. [26] [1999] 2 VR 461 317 Phillips JA (with whom Winneke P agreed), said as follows: “The fundamental task, then, is to determine whether the statute evinces an intention…
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Project Blue Sky Inc v Australian Broadcasting Authority
[1998] HCA 53
Citation 6
…at class (and the work must adhere to working regulations and guidelines s.42).[31] [31] See Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, at paragraph 69 333 With reference to section 43(2) of the ESA , it places an onus on an occupier to ensure that electrical equipment (either instal…
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Romeo v Conservation Commission of The Northern Territory
[1998] HCA 5
Citation 7
…he darkened auditorium. Further discussion is to be found in some of the judgments in Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431 at 445, 460, 478 and 486. Nothing, it seems to me, detracts from the correctness of what Handley JA said in the passage in Stannus v Graham to which Judge…
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Byrne v Australian Airlines Ltd
[1995] HCA 24
Citation 8
…tory duty in Sovar v Henry Lane Pty Ltd [22] and more recently in Byrne v Australian Airlines Limited .[23] [22] (1967) 116 CLR 397 at 404-405 [23] (1995) 185 CLR 410 313 It was noted by Kitto J in Sovar v Henry Lane Pty Ltd :[24] [24] (1967) 116 CLR 397 at 405, citing the case of Martin v Western District of Austral…
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Calin v Greater Union Organisation Pty Ltd
[1991] HCA 23
Citation 9
…ractual entrant that the premises are as safe as reasonable skill and care can make them.[6] [6] See Calin v The Greater Union Organisation Pty Ltd [1991] HCA 23 at 38 and Mountain Cattlemen’s Associate of Victoria Inc v Barron ( supra ) at 305-314 270 The plaintiff’s case relied upon Watson v George [7] in whic…
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Papatonakis v Australian Telecommunications Commission
[1985] HCA 3
Citation 10
…a defect in the premises if tradesmen of that class are accustomed to meeting and safeguarding themselves against defects of that kind.[2] [2] See Papatonakis v Australian Telecommunications Commission (1985) 156 CLR 7 at [30] per Brennan and Dawson JJ. See also Gaskin v Ollerenshaw [2010] NSWSC 791 at [201]-[207] 266 The exception to the above rule may be w…
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Sovar v Henry Lane Pty Ltd
[1967] HCA 31
Citation 11
…e existence or otherwise of a statutory duty in Sovar v Henry Lane Pty Ltd [22] and more recently in Byrne v Australian Airlines Limited .[23] [22] (1967) 116 CLR 397 at 404-405 [23] (1995) 185 CLR 410 313 It was noted by Kitto J in Sovar v Henry Lane Pty Ltd :[24] [24] (1967) 116 CLR 397 at 405, citing the case of M…
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Watson v George
[1953] HCA 41
Citation 12
…e plaintiff’s case relied upon Watson v George [7] in which Fullagar J cited with approval the following passage from Maclenan v Segar :[8] [7] (1953) 89 CLR 409 [8] (1917) 2 KB 325 “Where the occupier of premises agrees for reward that a person shall have the right to enter and use them for a mutually contemplated…
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O'Connor v S P Bray Ltd
[1937] HCA 18
Citation 13
…reach. 304 Counsel for the plaintiff in the present case relied on the judgment of Dixon J in the seminal case of O’Connor v SP Bray Ltd .[18] [18] (1937) 56 CLR 464 305 In oral submissions, whilst conceding in some circumstances a statute could give rise to a civil remedy, Counsel for the defendant simply submitted…
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Graham v Stannus
[1995] HCATrans 19
Citation 14
…clined imposing any tortious duty on occupiers to inspect their premises for the purpose of discovering unknown and unsuspected defects.[5] [5] Stannus v Graham (1994) Aust Tort Rep 81-293 per Handley JA…
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Chan, Y.K. v Minister for Immigration, Local Government & Ethnic Affairs & Commonwealth of Australia
[1991] FCA 495
Citation 15
…views are actually supported by the legislation itself.[25] [25] In the matter of Chan v Minister for Immigration, Local Government & Ethnic Affairs (1991) 31 FCR 29, Einfeld J noted that it was necessary to balance the protection of liberty and due process with the need for public officials to carry out their obl…
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Matthews v SPI Electricity and SPI Electricity Pty Ltd v Utility Services Corporation Ltd (Ruling No 2)
[2011] VSC 168
Citation 16
…311 As Forrest J stated in the recent case of Matthews v SPI Electricity Pty Ltd (Ruling No 2) :[21] [21] [2011] VSC 168 (10 May 2011) at paragraph 64 “The question whether a statute confers a private right is one of…