TORT - breach of statutory duty - whether a breach of the Occupational Health and Safety Regulation creates a private cause of action based on breach of statutory duty
TORT - negligence - relationship between occupational health and safety legislation and tort - standard of care - standard of care owed by an employer to an employee
TORT - negligence - duty of care - employer-employee relationship - non-delegable duty of care - whether, in the circumstances, the plaintiff was an employee of the third defendant
PRACTICE AND PROCEDURE - pleadings - amendment - where applications to amend pleadings made at various stages in the trial - where amendment raises real issues in the proceedings
Case Details
Citation[2012] NSWSC 305
CourtNSWSC
JurisdictionNew South Wales
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