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Judgment date
Case number
B54/2004
Before
Gleeson CJ, McHugh, Kirby, Hayne, Heydon JJ
Catchwords
Negligence – Duty of care - Independent contractor delivering goods in pursuit of mutual commercial purpose - Delivery person suffered back injury attempting to move industrial waste bins blocking supermarket loading dock - Content of duty to exercise reasonable care for safety of entrants - Consideration of aspects of relationship between occupier and entrant.
Negligence – Contributory negligence - Independent contractor - Relevance of failure to wait for assistance before attempting to move bins - Relevance of knowledge of previous injury.