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Case Notes

T and X Company Pty Ltd v Chivas [2014] NSWCA 235
The NSW Court of Appeal considered an appeal from a trial judge’s decision that a taxi driver had breached the duty of care owed to pedestrians by failing to reduce speed and the degree of contributory negligence on the part of the pedestrian.

Ramsey Food Processing Pty Ltd v Tomlinson [2014] NSWCA 237
The NSW Court of Appeal considered a case where a worker sued a company for injury suffered while working at an abattoir. The company contended that the worker could not sue it for damages as it was worker’s employer at time of injury.

Public Service Association and Professional Officers’ Association Amalgamated Union of NSW (on behalf of Darren Rudd) v Corrective Services NSW [2014] NSWIRComm 1021
The NSW Industrial Commission has held that an injured worker can apply for reinstatement to employment relying on Section 242 of the Workers Compensation Act 1987 (‘the 1987 Act’) despite having accepted a Work Injury Damages settlement.

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