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Coregas Pty Limited v Penford Australia Pty Limited [2012] NSWCA 350 (1 November 2012)

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http://www.austlii.edu.au/au/cases/nsw/NSWCA/2012/350.html

TORT – negligence – employee injured manoeuvring a large gas cylinder down a ramp – employee successful in claim against employer – claim for contribution by employer against supplier of gas cylinders – gas cylinders supplied in cage with ramp – whether duty of care owed by supplier of gas cylinders to employee – risk of injury reasonably foreseeable – integrated purpose built ramp invited particular method of unloading which was hazardous – duty of care found to exist – apportionment of liability between employer and supplier of gas cylinders – primary judge took into account factually incorrect consideration and failed to take into account relevant matters – need to re-assess apportionment – breach of duty of care – causation – application of “but for” test – EVIDENCE – admissibility of expert evidence – relevance of evidence – compliance with s 79(1) Evidence Act 1995 (NSW) – necessary expertise established.


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