WANG & ASSOCIATE SOLICITORS – 澳大利亚英杰律师事务所,澳大利亚律师,律师,悉尼,澳洲律师

Sydney Water Corporation v Turano [2009] HCA 42 (13 October 2009)

Last Updated: 13 October 2009

Negligence – Duty of care – Liability of statutory authority – Water main installed under statutory power – Altered subsoil drainage leading to compromise of root system of roadside tree – Approximately 20 years later tree fell on passing vehicle during storm resulting in death to an occupant and personal injury to other occupants of vehicle – Whether death and injury a reasonably foreseeable consequence of installation of water main – Significance of temporal relation between allegedly negligent conduct and injury occurring – Significance of statutory authority’s lack of control over the tree in interval between installation of water main and injury – Section 43A of Civil Liability Act 2002 (NSW) addressing civil liability in tort of public or other authorities exercising a “special statutory power” not relied upon. (more…)

Fellowes v Military Rehabilitation and Compensation Commission [2009] HCA 38

Last Updated: 23 September 2009

Workers’ compensation – Injury resulting in permanent impairment – Under s 24 of Safety, Rehabilitation and Compensation Act 1988 (Cth), where “an injury to an employee results in a permanent impairment”, respondent liable to pay compensation “in respect of the injury” – Amount of compensation fixed by degree of permanent impairment resulting from injury as assessed under Guide to the Assessment of the Degree of Permanent Impairment (“Guide”) – Guide provides that “[w]here two or more injuries give rise to the same impairment a single rating only should be given” – Appellant previously compensated for injury to left knee resulting in permanent impairment – Whether appellant entitled to compensation for separate injury to right knee resulting in permanent impairment to same degree – Whether “degree of permanent impairment” refers to impairment of whole person or impairment to particular part of person’s body. (more…)

Allianz Australia Insurance Limited v GSF Australia Pty Limited [2005] HCA 26 19 May 2005 S247/2004

CATCHWORDS
Allianz Australia Insurance Limited v GSF Australia Pty Ltd
Insurance – Motor vehicles – Third party liability insurance – Truck and trailer provided by first respondent to convey packed containers of food to airport – Appellant insurer of vehicle – Second respondent an employee of first respondent – Second respondent suffered back injury while assisting in unloading containers after vehicle’s lifting mechanism became inoperative – Whether second respondent’s injury an “injury” within the meaning of the Motor Accidents Act 1988 (NSW). (more…)