Doyles Guide 2021, Leading Work Health and Safety Junior Counsel, NSW -- RecommendedThe plaintiff was a truck driver who claimed she had been injured while driving along the main haul road when her vehicle struck a pothole in the road. However, she could not provide evidence of any pothole existing in the area where she alleged the injury occurred.
The plaintiff was a coal miner who suffered a serious hand injury while working underground. The court found he couldn’t have suffered the injury in the way he alleged. The court also found that the Work, Health and Safety Regulations did not expand the mine owner’s common law duty to him and that the doctrine of Res Ipsa Loquitur did not apply to the circumstances of the case.
The Plaintiff alleged that the quality of water supplied by the defendant caused her rice crop to fail and left her land less productive. She also claimed that the continuing quality of the water restricted her ability to grow crops. The case raised issues of the extent to which a supplier can restrict its liability over the quality of goods supplied and their potential detriment by inserting exclusionary clauses and clauses limiting liability into standard supply contracts.
