WCRA: assault on bus driver not interfered with on appeal

Brisbane City Council v Miles [2011] QCA 250

I refer to my earlier posting on the primary decision. The Court of Appeal did not interfere with the decision despite the submissions made in respect of the subsequent appeal decision of Lusk v Sapwell [2011] QCA 59.

The Court of Appeal:

  • ·         found foreseeability and breach;
  • ·         rejected that it was outside the area of common experience and required expert evidence (White v Calstores Pty Ltd [2006] QCA 535) to prove what reasonable precautions were required; and
  • ·         distinguished Coca Cola Amatil (NSW) Pty Ltd v Pareezer [2006] NSWCA 45 in respect of the nature of the assailant.

Brisbane Barrister – David Cormack

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