Kuhl v Zurich Financial Services Australia Ltd

Negligence – Duty of care - Appellant injured while using high-pressure vacuum hose - Injury occurred after hose passed to appellant - Supplier of hose also directed and supervised appellant - Concession by first respondent of duty of care made in court below - Whether duty of care was dependent on increased risk.

Negligence – Breach - Supplier of hose failed to install break box and failed to issue instructions not to pass hose while power was on - Relevance of subsequent changes to safety systems - Whether changes inordinately expensive or disadvantageous.

Negligence – Causation - Whether evidence as to precisely how injury occurred is necessary before causation can be found - Relevance of ordinary human experience - Relevance of agreement on quantum of damages.

Evidence – Implied admission or circumstantial evidence permitting adverse inference - Trial judge concluded that appellant had withheld evidence in examination-in-chief - Whether trial judge erred in failing to provide reasons for that conclusion - Whether trial judge erred in failing to provide appellant with opportunity to respond to criticism.