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Pacific Steel Constructions Pty Limited v Barahona (No 2)
[2010] NSWCA 9
Citation 1
…they sought supervision or direction from Campbell or Saunders, or that the task of lowering the ladder required supervision. [26] [2010] NSWCA 9. [27] 258 ALR 673. [28] 63 ALR 513 at [76]. 49 Alternatively, if Saunders owed the worker a general duty of care which required him to exercise reasonable care to avoi…
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Kurnell Passenger & Transport Service Pty Ltd v Randwick City Council
[2009] NSWCA 59
Citation 2
…Court in Bain v Frank G O’Brien Ltd [1976] 135 CLR 158. See also Kurnell Passenger &Transport Service Pty Ltd v Randwick City Council [2009] NSWCA 59 at 100 where the Court held that evidence of payments by way of compensation to the worker “is sufficient to make good the precondition to recovery on the indemnity”…
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Alcoa Portland Aluminium Pty Ltd v Victorian Workcover Authority
[2007] VSCA 210
Citation 3
(Para 13)
…o make amends for loss or injury to person or property, or as recompense for some deprivation”.[39] [38] See Alcoa Portland Aluminium v VWA (2007) 18 VR 146 per Chernov JA at [13]. [39] Osborn’s Concise Law Dictionary, 9th Ed. 69 Once payments are payments as compensation, s.138(1) and (3)(a) are satisfied[40], and…
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TNT Australia Pty Ltd v Christie
[2003] NSWCA 47
Citation 4
…was to assist on the roof with the manoeuvring of the ladder. [32] In particular, TNT Australia Pty Ltd v Christie & Ors (2003) 65 NSWLR 1. 58 The VWA submitted that on the evidence, Villiers breached its duty of care to the worker because its employee Saunders devised an unsafe system of work, the method proposed…
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Victorian WorkCover Authority v Kenman Kandy Pty Ltd & Ors
[2002] VSCA 190
Citation 5
…icient to make good the precondition to recovery on the indemnity”. See also Victorian WorkCover Authority v Kenman Kandy Pty Ltd [2002] VSCA 190 per Batt JA and Vincent JA at [11]-[16]. 70 I am satisfied on the documentary and oral evidence before me that on 3 October 2000 GPS had two contracts with Bruck. The fi…
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Esso Australia Ltd v Victorian Workcover Authority
[2000] VSCA 74
Citation 6
…ion of the Court of Appeal in Esso Australia Ltd v Victorian WorkCover Authority & Anor. [35] Findings and reasons [35] (2000) 1 VR 246. 63 The parties advised me at the commencement of the proceeding that as part of the settlement of the recovery action as between the VWA and Bruck, Bruck agreed to pay the VWA th…
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Stevens v Brodribb Sawmilling Co Pty Ltd
[1986] HCA 1
Citation 7
(Para 76)
…rom Campbell or Saunders, or that the task of lowering the ladder required supervision. [26] [2010] NSWCA 9. [27] 258 ALR 673. [28] 63 ALR 513 at [76]. 49 Alternatively, if Saunders owed the worker a general duty of care which required him to exercise reasonable care to avoid the foreseeable risk of injury, t…
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Podbrebersek v Australian Iron & Steel Pty Ltd
[1985] HCA 34
Citation 8
…the significance of the respective departures from the relevant standards of care required.[52] [52] Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALR 529. 91 As Winnecke J noted in Esso:[53] Such a comparison involves matters of relative emphasis, proportion and value judgment upon which reasonable min…
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Kondis v State Transport Authority
[1984] HCA 61
Citation 9
…easonable steps to protect the appellant from injury and to that end to prescribe and assist the work of its agents. [34] Kondis v State Transport Authority (1984) 154 CLR 672. 61 On the question of apportionment, the VWA submitted that the Court could have regard to the acts, default or negligence of Villiers and GPS in assessing their re…
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Bain v Frank G O'Brien Ltd
[1976] HCA 29
Citation 10
…egardless of whether it was properly payable or not. The decision was affirmed by the High Court in Bain v Frank G O’Brien Ltd [1976] 135 CLR 158. See also Kurnell Passenger &Transport Service Pty Ltd v Randwick City Council [2009] NSWCA 59 at 100 where the Court held that evidence of payments by way of compen…
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Dillingham Constructions Pty Ltd v Steel Mains Pty Ltd
[1975] HCA 23
Citation 11
….138 can operate [25] Course of employment [25] Counsel relied for this proposition on Dillingham Constructions Pty Ltd v Steel Mains Pty Ltd [1975] HCA 23. 47 The evidence of Mr Golding to the effect that the worker had no authority to be on the roof contradicts the pleadings. If his evidence is accepted, it fo…
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Jones v Dunkel
[1959] HCA 9
Citation 12
…ttach little weight to his statement in the light of the evidence to the contrary of the worker, Nolan and Mr Golding.[44] [44] Jones v Dunkel (1959) 101 CLR 298; O’Donnell v Reichard [1975] VR 916. 74 I accept the unchallenged evidence of the worker and Nolan as to how they came to be assisting Campbell and Saunders on…
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Jones v Dunkel
[1959] HCA 8
Citation 13
…ight to his statement in the light of the evidence to the contrary of the worker, Nolan and Mr Golding.[44] [44] Jones v Dunkel (1959) 101 CLR 298; O’Donnell v Reichard [1975] VR 916. 74 I accept the unchallenged evidence of the worker and Nolan as to how they came to be assisting Campbell and Saunders on the roof of…