Prouten v Chapman

• 1. Negligence
  2. › Duty of care
  3. › Particular relationships
  4. › Users of public right of passage
  5. › Duty owed to postal delivery officer by owners of caravan parked on nature strip
  6. › Whether duty arose from parking caravan on land over which public enjoyed right of way
• 1. Negligence
  2. › Breach of duty
  3. › Civil Liability Act 2002 (NSW), s 5B
  4. › Formulation of risk of harm
  5. › Whether risk foreseeable
  6. › Whether risk not insignificant
  7. › Whether reasonable person would have taken precautions
  8. › Where reasonable response was to do nothing
• 1. Appeal
  2. › From findings of fact and credit findings
  3. › Function of appellate court
  4. › Restraints on appellate interference
  5. › Whether credit finding informed by assessment of demeanour or only by inconsistencies in evidence
  6. › Where demeanour neither expressly relied upon nor disclaimed
  7. › Supreme Court Act 1970 (NSW), s 75A
• 1. Appeal
  2. › Procedural fairness
  3. › Adequacy of reasons
  4. › Requisite standard of reasons for accepting and rejecting evidence and for making credit findings

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