Russell v Edwards [2006] NSWDC 155

New South Wales District Court

CITATION: Russell v Edwards [2006] NSWDC 155

HEARING DATE(S): 3-4/11/04 EX TEMPORE JUDGMENT DATE : 11/23/2004

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Verdict for the defendant. 2. Exhibits retained for 28 days. 3. Plaintiff to pay the defendants' costs of the proceedings on a party and party basis up to and including 2 July 2003 and on an indemnity basis thereafter.

CATCHWORDS: Swimming pool accident - supervision of under age drinkers - intoxication leading to impairment of capacity to exercise reasonable care and skill.

LEGISLATION CITED: Civil Liability Act 2002 Liquor Act 1982

Cole v South Tweed HJeads Rugby League Football Club Ltd (2004) 207 ALR 52 CASES CITED: Modbury Triangle Shopping Centre Pty Ltd v Anzil (2000) 205 CLR 254 Victims Compensation Fund Corporation v Brown (2003) 201 ALR 260 Wyong Shire Council v Vairy-Mulligan v Coffs Harbour City Council (2004) ATR 81-754

PARTIES: Ashley James RUSSELL Mark & Joanne EDWARDS

FILE NUMBER(S): Newcastle 165/03

P K W Andrews Plaintiff COUNSEL: R A Cavanagh Defendant

Chase Lawyers Plaintiff SOLICITORS: Thompson Cooper Lawyers Defendant

JUDGMENT

HER HONOUR

1 In this matter Ashley James Russell, by an amended ordinary statement of claim filed on 28 June 2004, claimed damages in respect of injuries which he suffered on 25 January 2000 when he was a guest at the defendants' premises at 17 Vine Street, Seaham where the defendants arranged a birthday party for their son Luke Edwards to celebrate his attaining the age of 16 years.