Agrigrain Pty Ltd v Rindfleish

• 1. Employment and Industrial Law
  2. › Contract of employment
  3. › Identity of employer
  4. › Which of two entities in same corporate group is true employer
  5. › Objective contractual test
  6. › Post-contract conduct relevant where contract unwritten
  7. › Factors from employee/independent contractor characterisation context may shed light on true employer issue
  8. › Workers Compensation Act 1987 (NSW), s 150
  9. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 4(1)
• 1. Limitation of Actions
  2. › Personal injury
  3. › Discoverability
  4. › Knowledge of fault of defendant
  5. › Whether plaintiff knew or ought to have known injury caused by fault of defendant
  6. › No requirement that plaintiff know capacity in which putative defendant might be liable
  7. › Reasonable steps to be taken by plaintiff not plaintiff's lawyers
  8. › Lawyers' omissions not to rebound on plaintiff where he had taken all reasonable steps
  9. › Limitation Act 1969 (NSW), ss 50C, 50D
• 1. Practice and Procedure
  2. › Pleadings
  3. › Admissions
  4. › Admission in defence not withdrawn
  5. › Whether primary judge entitled to determine issue based on admission
  6. › Pleadings and particulars define issues for decision
• 1. Negligence
  2. › Damages
  3. › Non-economic loss
  4. › Future economic loss for loss of earning capacity
  5. › Buffer award
  6. › Whether increased income precludes damages for loss of earning capacity
  7. › Future out-of-pocket expenses
  8. › Past gratuitous domestic assistance
  9. › Civil Liability Act 2002 (NSW), s 16(1)

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