NSW Court of Appeal: is public liability created under OH&S legislation

Title: NSW Court of Appeal: is public liability created under OH&S legislation
Creator: Foster, Neil
Relation: Australian Civil Liability Vol. 6, Issue 5, p. 186-189
Relation: http://www.lexisnexis.com.au/en-AU/Products/australian-civil-liability.page
Publisher: LexisNexis
Resource Type: journal article
Date: 2009
Description: The decision of the NSW Court of Appeal in Wynn Tresidder Management Pty Ltd v Barkho (Wynn Tresidder) deals with the question whether civil liability to a member of the public injured at a workplace can be based on the occupational health and safety legislation in NSW. The plaintiff was attempting to enter a shopping centre car park, when she was injured as she slipped on a wet surface which had been created by rain entering where renovations were happening. Her claim in negligence against the owners of the shopping centre (the occupiers) succeeded at trial and was upheld by the Court of Appeal. But a claim in breach of statutory duty (BSD), which also succeeded at trial, was doubted by the appeal court. This casenote comments on the BSD claim, and some aspects of the interesting interaction of the tort of breach of statutory duty with the new civil liability legislation.
Subject: occupational health and safety; legislation; public liability; NSW Court of Appeal
Identifier: http://hdl.handle.net/1959.13/916642
Identifier: uon:8062
Identifier: ISSN:1449-6127
Language: eng

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