Biggs v O'Connor

Biggs v O'Connor

In this episode we consider the case of Biggs v O'Connor [2021] VSC 826, a case decided by Justice Keogh of the Victorian Supreme Court, which considered the liability of a motorcycle rider for damages for negligently inflicted psychiatric injury to a secondary victim, here the spouse of the deceased motorcyclist's passenger who died as a result of an accident caused by the negligent riding and control of the motorcycle. This case considered the effect of intoxication on the question of duty and the Volenti defence, and whether the duty owed to the secondary victim was independent of, and not derived from, the duty owed to the primary victim.

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Avsnitt(21)

Springfree Trampoline v Forostenko

Springfree Trampoline v Forostenko

In this episode we consider the recent case decided by the Queensland Court of Appeal of Springfree Trampoline v Forostenko [2024] QCA 255, which involved a claim brought in negligence and s138 of the...

4 Mars 202510min

Bird v DP

Bird v DP

In this episode we consider the recent High Court of Australia case of Bird v DP [2024] HCA 41, which considered whether the Catholic Diocese of Ballarat could be held vicariously liable for the sexua...

18 Feb 202514min

Roberts v Shimmin

Roberts v Shimmin

In this episode we look at Roberts v Shimmin [2024] NSWDC 171, a recent successful medical negligence proceeding brought against a treating orthopaedic surgeon in respect of a negligently-performed to...

11 Juni 202410min

Belgrave Heights v Moore

Belgrave Heights v Moore

In this episode we consider the case of Belgrave Heights v Moore [2020] VSCA 240, a case in which the Victorian Court of Appeal considered whether, when there is injury suffered in the course of emplo...

5 Maj 202414min

Mt Owen v Parkes

Mt Owen v Parkes

In this episode we consider the case of Mt Owen v Parkes [2023] NSWCA 77, a case where the NSW Court of Appeal upheld a first instance decision which held a host employer was vicariously liable for th...

21 Apr 202413min

Noureddine v Adlard

Noureddine v Adlard

In this episode we consider the case of Noureddine v Adlard [2022] VSC 719, a judicial review application of a Medical Panel determination decided by Walker JA sitting at first instance in the Victori...

14 Apr 202412min

Kozarov v State of Victoria

Kozarov v State of Victoria

In this episode we consider the recent High Court of Australia case of Kozarov v State of Victoria [2022] HCA 12, which considered the circumstances in which employers will owe a duty to take reasonab...

26 Mars 202414min

Faucett v St George Bank

Faucett v St George Bank

In this episode we consider the decision of the NSW Court of Appeal in Faucett v St George Bank [2003] NSWCA 43 - a case in which the Court overturned a first instance verdict in the Defendant bank's ...

23 Mars 202410min

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