News & Blog

Stay up-to-date with interesting perspectives from the team at McCabes.

Getting Trolley’d: When is a risk warning actually required? Korda v Aldi Foods Pty Ltd [2018] ACTCA 6

Published by Leighton Hawkes - Principal
Apr 27, 2018
In this long-running matter, McCabes was recently successful in overturning a finding that its client, ALDI, had breached its duty of care to the plaintiff by failing to provide a warning that an automatic entrance gate to its store was not operating correctly. The ACT Court of Appeal also upheld the Supreme Court’s decision that… View Article
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Now showing: Limelight Cinemas Pty Ltd v Beatty

Published by Leighton Hawkes - Principal
Mar 14, 2018
On 14 February 2018, McCabes was successful in the ACT Supreme Court in overturning a judgment entered against its client Limelight Cinemas, in the ACT Magistrates Court. This illuminating case demonstrates that a mere breach of a relevant code or standard will not automatically result in a defendant being held liable for a resultant injury…. View Article
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$1 general damages for false imprisonment totalling 2 years and 10 months – Guo v Commonwealth of Australia [2017] FCA 1355 (24 November 2017)

Published by Amanda Kmetyk - Principal
Dec 19, 2017
On 24 November 2017 Jagot J of the Federal Court found that the applicant had been unlawfully imprisoned by the Commonwealth for almost three years, but awarded him only $1 in general damages. If it is asked what could and would have happened had a tort not been committed, and the answer is the plaintiff… View Article
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Hit the Deck! – Who’s liable for unsafe rental premises?

Published by Andrew Sharpe - Principal
Oct 30, 2017
There’s nothing more Australian than getting together with family and friends to enjoy a BBQ on the timber deck out the back of the family home. Unfortunately, all too frequently, those wooden decks just don’t last in the harsh Australian conditions. Personal injury resulting from collapsing balconies is a frequent source of litigation, especially in… View Article
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A party to civil proceedings may waive an objection to a judge who would otherwise be disqualified on the ground of actual bias or reasonable apprehension of bias

Published by Amanda Kmetyk - Principal
Sep 7, 2017
Bezer v Bassan [2017] NSWCA 214 Background This appeal arose out of a hearing in personal injury proceedings brought by Mr Bezer in the District Court of NSW, which commenced on 10 July 2017. During the proceedings, the plaintiff called Dr Harrison to give evidence. Two days later, Dr Harrison lodged a complaint with the… View Article
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Reasonable conduct, not perfection – Woolworths Ltd v McQuillan [2017] NSWCA 202 (14 August 2017)

Published by Michael Cooper - Principal
Aug 16, 2017
In the recent case of Woolworths Ltd v McQuillan the NSW Court of Appeal considered that an operator’s duty of reasonable care required keeping a “proper lookout”, not a “perfect lookout”.   First instance Colleen McQuillan (the plaintiff at first instance and the respondent) claimed damages for injuries sustained when she slipped and fell on… View Article
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