« Back to Resources

Search Publications

  • Search by Practice Area

  • Search by Term

Cleaners who are not perfect are not necessarily negligent: Court of Appeal win for cleaning contractor represented by HBA Legal

September 12, 2018

Argo Managing Agency Pty Ltd v Al Kammessy [2018] NSWCA 176.   Key Points:   It is possible to win a ‘contract cleaner’ matter where a spill is not detected by a cleaner, provided they are exercising “reasonable care”. Perfection on the part of the cleaner is not required. Reasonable care to identify and remove […]

Employer not liable when it did not know the risk of harm on construction site: a discount for vicissitudes to be applied to all future economic losses including damages for treatment and care

September 5, 2018

Avopiling Pty Ltd v Bosevski; Avopiling Pty Ltd v The Workers Compensation Nominal Insurer [2018] NSWCA 146. Key Points:  Care needs to be taken when commencing proceedings or maintaining proceedings against an employer in circumstances where the risks are not within their knowledge, or they would have no reason to know about the risk. This […]