NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jackson v Furner [2024] NSWCA 66 Hearing dates: 15 March 2024 Date of orders: 27 March 2024 Decision date: 27 March 2024 Before: Payne JA at [1]; Mitchelmore JA at [66]; Griffiths AJA at [67] Decision: (1) Appeal dismissed. (2) The appellants pay the respondent's costs. Catchwords: NEGLIGENCE — Personal injuries — slip and fall during open for inspection — admission that driveway had recently been painted — whether non-slip paint was used — whether evidence was that driveway was slippery — whether primary judge erred in finding witness' evidence unreliable Legislation Cited: Civil Liability Act 2002 (NSW) ss 5B, 5C, 5D Cases Cited: Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479; [1987] HCA 7 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Lee v Lee (2019) 266 CLR 129; [2019] HCA 28 Uniting Church in Australia Property Trust (NSW) v Miller (2015) 91 NSWLR 752; [2015] NSWCA 320 Voli v Inglewood Shire Council (1963) 110 CLR 74; [1963] HCA 15 Category: Principal judgment Parties: Allen James John Jackson (first appellant) Linda Kondouras (second appellant) CK1 Realty Pty Ltd (third appellant) Kellie Furner (respondent) Representation: Counsel:
J Turnbull SC; M Hamdan; W Reynolds (appellants) R Sheldon SC; E Anderson (respondent)
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