In multi-party proceedings where co-defendants' interests coincide, a Jones v Dunkel inference drawn against one party for failure to call witnesses is also available against the other party, even though the uncalled witnesses were not in the other party's camp. A labour hire employer's non-delegable duty to provide safe plant and equipment extends to maintenance and repair of equipment provided by the host employer, making the labour hire company vicariously liable for the host's negligence in failing to maintain equipment. Jolting of a vehicle over a five to ten kilometre stretch of potholed road is a sufficiently circumscribed unity to constitute an 'incident' under the Motor Accidents Compensation Act 1999.
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