Australian case on negligence
1. Research on an Australian case on negligence from the list below (page 3).
2. Select the party you wish to represent – i.e. Plaintiff or Defendant. There is no need to choose both parties.
3. Read the original text of your case and understand it.
4. Group report: Write a report outlining the following:
a. Case introduction.
b. The facts of the case.
c. The issues raised by both plaintiff and defendant.
d. The arguments presented by both parties.
e. The judgment of the court.
f. Critical analysis of why the court decided in favour of or against the party you chose (i.e. plaintiff or defendant). Some points to consider for your analysis:
i. If your chosen party won the case, why was its case stronger or more compelling than the other party’s case? Why did the court agree with its arguments?
ii. If your chosen party lost the case, why was its case weaker or less compelling that the other party’s case? Why did the court disagree with its arguments?
BUSINESS LAW (NEGLIGENCE) CASES TO CHOOSE FROM
1. Nagel v Rottnest Island Authority (1993)
2. Modbury Triangle Shopping Centre v Anzil (2000)
3. Roads and Traffic Authority v Dederer (2007)
4. Esanda Finance v Peat Marwick Hungerfords (1997)
5. Fallas v Mourlas (2006)
6. Rogers v Whitaker (1992)
7. Caltex Oil v Dredge (1976)
8. Perre v Apand (1999)
9. L Shaddock v Parramatta City Council (1982)
10. Wyong Shire Council v Shirt (1980)
11. Hawkins v Clayton (1988)
12. Koehler v Cerebos (Aust) Ltd (2005)
13. Horne v Queensland (1995