Deborah Webber & Ors v West Lindfield Bowling Club Co-Op [2008] NSWDC 215

New South Wales District Court

CITATION: Deborah Webber & Ors v West Lindfield Bowling Club Co-Op [2008] NSWDC 215

HEARING DATE(S): 8, and 9 September 2008

JUDGMENT DATE: 26 September 2008

JURISDICTION: District Court Civil

JUDGMENT OF: Levy SC DCJ

1. Verdict and judgment in favour of each Plaintiff against the Defendant on the issue of liability. DECISION: 2. The Defendant is ordered to pay the costs of each Plaintiff in respect of the determination of the liability issues. 3. Verdict for the Cross-Claimants against the Cross-Defendants. 4. Cross-Defendants to pay the Cross-Claimants' costs.

Negligence – separate trial of liability issues in three claims for damages for personal injury arising from explosion of LPG gas at club premises due to fault in a gas installation – UCPR Rule 28.5. CATCHWORDS: Construction of Regulations – Dangerous Goods (Gas Installations) Regulation, 1998 – whether the installation of an in situ filled 190kg gas cylinder constituted gasfitting work within the meaning of the regulations so as to require compliance with certification provisions of the regulations. Damages – whether parental reaction to son's injury constituted major depression and post traumatic stress disorder that comprised a recognised psychiatric illness as required by s.32 of Civil Liability Act, 2002 – whether statutory test for causation satisfied. Expert evidence – effect of non-acknowledgment of Schedule 7 Code of Conduct by expert– whether treated as an irregularity.

Civil Liability Act, 2002, Part 3 LEGISLATION CITED: Dangerous Goods (Gas Installations) Regulation, 1998 Evidence Act, 1995, s.80 Uniform Civil Procedure Rules, 2005, Rules 28.5 and 31.23, Schedule 7