Nominal Defendant v Garside & Ors

• 1. Torts
  2. › Negligence
  3. › Breach of duty of care
  4. › Failure to inspect vehicle
  5. › Object falling from truck onto highway
  6. › Whether driver negligent in failing to detect object on bodywork before journey
  7. › Whether inference of negligence open on the evidence
  8. › Civil Liability Act 2003 (Qld), s 9
• 1. Evidence
  2. › Circumstantial evidence
  3. › Drawing inferences
  4. › Sufficiency of evidence
  5. › Whether inference that object would have been detected on competent inspection was open
  6. › Whether finding was impermissible preference for one speculative possibility over another
• 1. Torts
  2. › Negligence
  3. › Foreseeability of risk
  4. › Risk of objects falling from commercial vehicles on highways
  5. › Whether risk was foreseeable and not insignificant
  6. › Civil Liability Act 2003 (Qld), s 9

Quick Take