Australian Safewaystores Pty Ltd v Zaluzna
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Neutral Citation | 1987-0310 HCA B,[1987] HCA 7 |
| Date | 1987 |
| Year | 1987 |
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131 cases
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Modbury Triangle Shopping Centre Pty Ltd v Anzil
...CLR 431 at 475 [115]. 42 cf Schiller v Mulgrave Shire Council (1972) 129 CLR 116 at 120; Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 at 488; Bryan v Maloney (1995) 182 CLR 609 at 617–618; Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313 at 340, 342–343, 347, 43 ......
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Roads and Traffic Authority of NSW v Dederer
...some areas of the law of negligence, however, the duty is expressed in more limited and specific terms. Until the decision of this Court in Zaluzna63, for example, the duty owed to entrants upon privately owned land varied according to the category of the entrants. They were classified as i......
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Vairy v Wyong Shire Council
...‘should be buried so securely that [its] perturbed spirits shall no longer vex the law.’ 19Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479. 20Prosser and Keeton on the Law of Torts, 5th ed (1984) at 356. 21Geyer v Downs (1977) 138 CLR 91. 22Rogers v Whitaker (1992) 175 CLR 47......
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Woods v Multi-Sport Holdings Pty Ltd
...explained that the reformulation of the common law in respect of the liability of occupiers to entrants, expressed in Australian Safeway Stores Pty Ltd v Zaluzna69 and the decisions that preceded it 70, had not overruled the principle governing the liability to contractual entrants stated i......
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7 firm's commentaries
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Slip and fall on hotel stairs - liability of architect and occupier - ss 5B, 5D and 5O of the Civil Liability Act 2002 considered
...a court will find there has been a full delegation of responsibility to another party. Footnotes 1 Beazley, Macfarlan and Hoeben JJA 2 [1987] HCA 7 3 (1963) HCA 4 4 [2012] HCA 5 5 [1963] HCA 15 6 [2007] NSWCA 335 7 [1985] HCA 35 8 [2009] NSWCA 16 Ranked No 1 - Australia's fastest growing la......
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Beware of the dog - whether the risk of injury foreseeable and not insignificant - Civil Liability Act 2002 s 5B
...considered regarding what a reasonable person would do by way of response to the risk. Footnotes 1 McColl JA, Whealy JA and Tobias AJA 2 [1987] HCA 7 3 [1984] HCA 84 4 [2005] HCA 62 5 [2009] HCA 48 6 [2005] HCA 75 7 [2011] NSWCA 244 Ranked No 1 - Australia's fastest growing law firm' (Legal......
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Accident on public road leading to building site - whether an occupier/builder owes a duty of care to the contract delivery driver
...premises". Footnotes 1 Bathurst CJ, McColl JA and Whealy JA 2 [1986] 160 CLR 16 3 Brennan J, at 534 4 [2009] HCA 35 5 Whealy JA, at 26 6 [1987] HCA 7 7 [1986] 160 CLR 16, at 47-48 8 Whealy JA, at Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Australian J......
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Dancing triggers ceiling collapse - causation considered after breach of duty established
...the terms of the retainer given to a structural engineer. Footnotes 1Bathurst CJ, Allsop P, Beazley JA, Giles JA and Sackville AJA 2(1987) 162 CLR 479 3(1917) 2 KB 325 4(1982) 1 NSWLR 175 Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Australian July 2010......
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7 books & journal articles
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Government liability in negligence.
...81-376; BT v Oei [1999] NSWSC 1082 (Unreported, Bell J, 5 November 1999). (175) See, eg, Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479. Cf Modbury Triangle Shopping Centre Pry Ltd v Anzil (2000) 205 CLR 254. (176) See, eg, Howard v Jarvis (1958) 98 CLR 177; Dixon v Western ......
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THE PROMISE OF UNIVERSALITY
...13 at [25]. 147 [2012] EWCA Civ 239 at [44] and [71]–[73]. 148 [2013] 3 SLR 284 at [44], [62]–[65], [98], [100], [130] and [144]. 149 (1987) 162 CLR 479. 150 For an excellent exegesis of the authorities in respect of the imposition of a non-delegable duty of care, see Woodland v The Swimmin......
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The site
...this chapter): see Papatonakis v Australian Telecommunications Commission (1985) 156 CLr 7; Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLr 479; Ratclif v McConnell [1999] 1 WLr 670 (Ca); Vairy v Wyong Shire Council (2005) 223 CLr 422 at 432 [25], per Mchugh J (dissenting); Leich......
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Case Note
OCCUPIER'S LIABILITY AND NEGLIGENCE
...remains unclear. 31 British Railway Board v Herrington [1972] AC 877. 32 c 3. 33 Occupier's Liability Act (1984) (c 3) (UK) s1(3). 34 (1987) 162 CLR 479. 35 It should be noted that the High Court of Australia had long been championing the idea that ordinary principles of negligence should a......
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