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Schembri, John Mark v State of Victoria (Department of Human Services Victoria [DHS]) (ABN 93 785 850 801) [2020] VSCA 145

TORTS, ACCIDENT COMPENSATION
Victorian Court of Appeal
Judge(s): 
Beach, Hargrave and T Forrest JJA
Parties: 

Schembri, John Mark v State of Victoria (Department of Human Services Victoria [DHS]) (ABN 93 785 850 801)

Judgment Date: 
4 June 2020
Catchwords: 

TORTS - Negligence - Workplace injury - Injury to left knee - Jury verdict - No negligence by respondent causing injury, loss and damage to applicant - Whether jury verdict against weight of evidence - Open to jury to find no negligence; alternatively, any negligence not a cause of injury - Leave to appeal refused.

ACCIDENT COMPENSATION - Statutory duty - Whether breach of statutory duty by respondent causing injury, loss and damage to applicant - Open to jury to find no breach of statutory duty; alternatively, any breach of statutory duty not a cause of injury - Leave to appeal refused - Occupational Health and Safety Regulations 2007, regs 2.1.2, 3.1.1, 3.1.2, 3.1.3.

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