Federal Court of Australia
4 [29] 1980 INT.
CATCHWORDS
Negligence - Occupier's Liability - liability may arise if damage caused by an unusual danger arising out of activities carried out or permitted by occupier - whether positioning of flagpole in school yard assembly area near elevated platform creates dangerous environment.
Negligence - authority of government school teacher derived from Crown - delegation by Commonwealth of provision and administration of education in A.C.T. to Government of New South Wales does not remove liability for breach of duty owed by teachers - principle respondeat superior applies - duty of care owed by teachers to school children prior to commencement of classes.
Negligence - whether architects in designing flagpole under a duty to take reasonable care to guard against schoolboy abuse.
Practice and Procedure - Appeal Court will allow amendment of pleadings if issue emerged at trial and was litigated - amendment different in form and substance to original pleadings not allowed.
Damages - When appeal court will interfere with trial Judge's assessment of damages.
INTROVIGNE v. THE COMMONWEALTH OF AUSTRALIA AND ORS. NO. G. 5 OF 1977 ,
BOWEN C. J., CONNOR AND LOCKHART JJ.
AT CANBERRA
THURSDAY 25 SEPTEMBER 1980
. IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. G5 of 1977 DISTRICT REGISTRY
Ne ed
GENERAL DIVISION
BETWEEN: ROLDANO INTROVIGNE by his- next friend and father TARCISIO INTROVIGNE Appellant AND THE COMMONWEALTH OF AUSTRALIA a Firstnamed Respondent AND: BUNNING AND MADDEN Secondnamed Respondent AND: BUNNING AND MADDEN (a firm) Firstnamed Third Party ORDERS JUDGES MAKING ORDERS: BOWEN C.J., CONNOR AND LOCKHART JJ. WHERE MADE: Ab Canberra DATE OF ORDERS: 2S Ceplamber 1480
THE COURT ORDERS THAT: 1. The application of the appellant for leave to further amend the statement of claim be refused.
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