NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Farmer v Broadspectrum (Australia) Pty Ltd (No.2) [2023] NSWSC 1076 Hearing dates: 11-14 October 2022; 18-19 October 2022 Date of orders: 28 September 2023 Decision date: 28 September 2023 Jurisdiction: Common Law Before: Garling J Decision: See [304] Catchwords: CIVIL – PERSONAL INJURY – Where the plaintiff suffered injury on Nauru – Law of Nauru applicable – English common law as at 1968 – Where English common law does not allow claims for gratuitous domestic care – Whether Australian common law applies to allow such claims – Claim disallowed – Judgment against both defendants – assessment of damages at common law Legislation Cited: Custom and Adopted Laws Act 1971 (Nauru) Law Reform (Personal Injuries) Act 1948 (UK) Cases Cited: Farmer v Broadspectrum (Australia) Pty Ltd [2022] NSWSC 1423 Griffiths v Kerkemeyer (1977) 139 CLR 161 Halstead & Ors v Batiouk [2011] NRSC 11 Texts Cited: The Journal of Bone and Joint Surgery Halsbury's Laws of England 3rd ed Category: Principal judgment Parties: William Farmer (P) Broadspectrum (Australia) Pty Ltd (D1) Wilson Security Pty Ltd (D2) Representation: Counsel: Mr M Cranitch SC with Mr Woods (P) Mr D Priestley SC (D1) Mr W Reynolds (D2)
Solicitors: SommervilleLaundryLomax (P) Gilchrist Connell (D1) JLN Corporate Services Pty Ltd (D2) File Number(s): 2018/00175460 Publication restriction: Not Applicable
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