res ipsa loquitur?

No thanks I’ve had a glass already. No really…what does it mean ? OK here’s a brief summary. The scope and effect of the principle of res ipsa loquitur have been decisively settled by the High Court: Schellenberg v Tunnel Holdings Pty Ltd (2000) 200 CLR 121. The principle is not a distinct, substantive rule […]

The duty of principals to independent contractors

(Source: Leighton Contractors Pty Ltd v Fox Calliden Insurance Limited v Fox [2009] HCA 35; 2 September 2009) It is plain that the common law does not impose a duty of care on principals for the benefit of independent contractors engaged by them of the kind which they owe to their employees (Stevens v Brodribb Sawmilling […]

Occupiers duty of care

See McKenzie v Day (No 2) [2016] NSWDC 236 where Neilson DCJ provides a salient summary of an occupiers duty of care. The most recent statement of the applicable law is contained in the judgment of McColl JA, with whom Macfarlane JA and Beech-Jones J concurred, in Schultz v McCormack [2015] NSWCA 330, where her Honour […]