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breach

Lockhart v Bartholomai and Fulton [2025] QDC 202

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Gause v Alderson [2024] NSWCA 312

Keywords:

  • breach, discrete or hidden risk, exercise reasonable care and skill, intoxication, landlord’s duty of care, smoke alarms

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State of New South Wales v. Cullen [2024] NSWCA 310

Keywords:

  • battery, battery not made out, breach, causation, chain of causation broken, distinct and significant criminal action of third party led to arrest leading up to injury, duty of care, no breach made out, novus actus interveniens, police officers owe duty to take reasonable care to avoid risk of harm to class of persons in immediate vicinity of operational response during protest march, police utterly without fault in colliding with the respondent, public authorities, reasonable to effect arrest in the way done, regard to be had to police obligations to take actions to prevent breaches of the peace even in crowded situations, risk of harm in police actions inflicting physical injury on identified class of person, s43A of Civil Liability Act 2002 (NSW) inapplicable, third party actions leading to respondent’s injury not occurring in ordinary course of events which might flow from police action, Trespass to the person

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Hornsby Shire Council v Salman [2024] NSWCA 155

Keywords:

  • breach, foreseeability of risk, formulation of risk, negligence, obvious risk, where council did not take reasonable precautions advised, where council was independently advised to take steps to mitigate risk, where the Australian playground maintenance standards applied, whether height differential between surface in a playground gave rise to a reasonably foreseeable risk of harm, whether height differential was readily discernible

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Broadspectrum (Australia) Pty Ltd v Farmer [2024] NSWCA 81

Keywords:

  • breach, factual causation, foreseeability of risk, standard of care

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Farriss v Axford [2023] NSWCA 255

Keywords:

  • APPEALS, breach, causation, consumer guarantees, Consumer Law, negligence, Where claim abandoned by counsel at conclusion of trial

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Neil Carpenter v Damian James Russell [2021] NSWDC 447

Keywords:

  • breach, causation, credibility of witness, duty of care, inconsistencies, negligence, occupier’s liability, prospective employers

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JFIT Holdings trading as New Dimensions Health and Fitness v Powell [2021] NSWCA 137

Keywords:

  • breach, common knowledge, constant supervision, duty of care, failure to enforce own rules., formulation of risk, lifting heavy weights, negligence, not insignificant, obvious risk, reasonable precaution, system of inspection

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Carvalho v. Town [2020] ACTCA 54

Keywords:

  • appeal, apportionment of damages, breach, contributory negligence, negligence

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Tanesha Simone Anne Winmar by her next friend Claudis Jane Winmar v Ng [2020] WADC 17

Keywords:

  • breach, causation, negligence, passenger allegedly fell over on bus injuring hip, Turns on own facts

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