Australian Safewaystores Pty Ltd v Zaluzna
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1987-0310 HCA B,[1987] HCA 7 |
| Year | 1987 |
| Date | 1987 |
| Court | High Court |
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133 cases
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Imbree v McNeilly; McNeilly v Imbree
...204 CLR 333; [2000] 204 CLR; New South Wales v Lepore (2003) 212 CLR 511; [2003] 212 CLR. 50Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479; [1987] 162 52Sutherland Shire Council v Heyman (1985) 157 CLR 424. 53Jaensch v Coffey (1984) 155 CLR 549 at 584 per Deane J; [1984] HCA......
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Jones v Bartlett
...use of the premises’ or ‘unusual dangers’ would reintroduce into the law the categories expelled by this Court in Australian Safeway Stores Pty Ltd v Zaluzna54. Reasonable care in all the circumstances of the case is the benchmark of negligence law. No exception to it should or need be made......
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Neindorf v Junkovic
...not until the 1980s that the common law of Australia abandoned the approach described by Professor Fleming. In 1987, in Australian Safeway Stores Pty Ltd v Zaluzna2, this Court approved what, in 1984, had been said by Deane J in Hackshaw v Shaw3: ‘… it is not necessary, in an action in negl......
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Ebner v Official Trustee in Bankruptcy
...at [54]. 188 eg Papatonakis v Australian Telecommunications Commission (1985) 156 CLR 7; Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479; Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520; Bryan v Maloney (1995) 182 CLR 189 eg Perre v Apand Pty Ltd (1999) 198 C......
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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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