A cleverly structured claim in which an injured Plaintiff alleged the Council occupier, its garbage collection subcontractor, and his actual employer each owed a duty of care analogous to that of the employer has been overturned on Appeal.
The Conveyancing Amendment (Sunset Clauses) Act 2015 passed on 17 November 2015 was recently applied in the Supreme Court demonstrating that initial interpretation is consistent with the objectives of the amendments.
A unanimous decision from the Court of Appeal, will be of interest to occupiers, head contractors, subcontractors, employers and insurers. It further evidences the ongoing practical approach by the NSW Court of Appeal to occupier's liability claims.
Proceedings commenced by owners of the copyrights arising from 2013 film Dallas Buyers Club against various internet service providers, remain on foot. Justice Perram of the Federal Court has handed down his judgment on the next phase of the this itigation.
