Atherden v Caldipp

[2019] ACTSC 29

Supreme Court of the ACT15 February 2019

Built by Barristers,
For Australian Law.

1. Torts
2. › NEGLIGENCE
3. › Contributory Negligence
4. › employee injured while participating in dangerous activity devised by supervisor
5. › whether employee should have refused to participate
6. › whether employee was “on a frolic of his own” or acting in employer’s interests
7. › no contributory negligence found.
1. Damages
2. › Measure and Remoteness of Damages in Actions for Tort
3. › calculation of loss of income
4. › whether tax paid is to be deducted from taxable income or from gross income
5. › not all tax deductions are necessarily incurred in earning income
6. › only non-discretionary deductible expenses may be deducted from gross income.
1. EVIDENCE - Admissibility and Relevancy
2. › claimed admission against interest
3. › claimed admission contained in document possibly involving second-hand hearsay
4. › no attempt to establish source of claimed admission
5. › evidence excluded.

Citation[2019] ACTSC 29

CourtACTSC

JurisdictionAustralian Capital Territory

Decision Date15 February 2019

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