SKIMMINGS v SAVINS & SAVINS (No 1) [2007] NSWDC 175

New South Wales District Court

CITATION: SKIMMINGS v SAVINS & SAVINS (No 1) [2007] NSWDC 175

HEARING DATE(S): 10, 13-14 August 2007 EX TEMPORE JUDGMENT DATE : 17 August 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: Stood over to Newcastle at 9.30 on 30 August 2007 for final orders.

CATCHWORDS: Occupiers' liability - Duty of care of owners of residential premises

LEGISLATION CITED: Civil Liability Act 2002

Jaenke v Hinton [1995] QCA 484 CASES CITED: Jones v Bartlett (2000) 205 CLR 166 Neindorf v Junkovic (2005) 222 ALR 631 Taber v New South Wales Land and Housing Corporation [2001] NSWCA 182

Murray Leigh SKIMMINGS PARTIES: Kenneth Reginald SAVINS Joan Patricia SAVINS

FILE NUMBER(S): Coffs Harbour Plaint 48 of 2006

COUNSEL: R Harrington - Plaintiff J Sharpe - Defendants

SOLICITORS: Lee James Egan - Plaintiff Thompson Cooper Lawyers Pty Ltd - Defendants

JUDGMENT

1 The plaintiff suffered injury to his left wrist on 28 September 2005. He claims his injury was the result of negligence of the defendants.

2 At the time of the injury the plaintiff lived with his parents at 4 Duke Street, Goonellabah, a suburb of Lismore. The defendants resided at 6 Duke Street. The relationship between the defendants and the plaintiff and the plaintiff's parents was that of very close neighbours. They visited each other's homes on a regular basis. To facilitate these visits a path was constructed between the dwellings, the plaintiff assisting in its construction.

3 In September 2005 the plaintiff's father became seriously ill. Friends were to visit and stay at the home at 4 Duke Street on the night of 28 September 2005 and their car was to occupy the driveway of that property.