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Gangi v Boral Resources (NSW) Pty Limited (No 2) [2013] NSWSC 569 (17 May 2013)

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http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/569.html

TORTS – negligence – concrete batching plant – plant collapse onto truck – bin collapse – scope of duty of care – whether risk of harm arising from collapse was foreseeable – exposure to significant risk – constructive knowledge of risk – whether risk ought to have been known – systems of work at the plant – how the plant was maintained – deficiencies in systems – bin support structure required maintenance before collapse – bin support system – expert evidence – s 5B Civil Liability Act 2002 – causation – s 5D Civil Liability Act 2002 – reasonable care was required – plaintiff’s injuries – credibility – medical records – expert evidence – damages – physical and psychological injuries – economic losses – orders

EVIDENCE – privilege – experts not given access to relevant information – inferences drawn against defendant


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