Gary Nigel Roberts v Westpac Banking Corporation

• 1. Tort
  2. › Negligence
  3. › Duty of care
  4. › Occupier's liability
  5. › Duty to protect lawful entrants from criminal conduct of third parties
  6. › Whether bank owed duty to customers to protect them from actions of armed robber
  7. › Whether duty extended to training staff to obey robber's instructions
  8. › Salient features analysis
  9. › Control over third party criminal conduct
  10. › Conflicting duties to employees and customers
  11. › Civil Law (Wrongs) Act 2002 (ACT), ss 40, 42, 43, 45
• 1. Tort
  2. › Negligence
  3. › Breach of duty
  4. › Standard of care
  5. › Precautions against risk of harm
  6. › Whether reasonable person would have trained staff always to obey armed robber's instructions
  7. › Civil Law (Wrongs) Act 2002 (ACT), ss 42, 43
• 1. Tort
  2. › Negligence
  3. › Causation
  4. › Factual causation
  5. › But for test
  6. › Whether employee would have acted differently if properly trained
  7. › Civil Law (Wrongs) Act 2002 (ACT), s 45
• 1. Appeal
  2. › Standard of appellate review
  3. › Findings of fact by trial judge
  4. › Whether finding glaringly improbable or contrary to compelling inferences

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