NSW Caselaw
New South Wales District Court
CITATION: Greenwood v Richmond Riparian Management Landcare Inc [2007] NSWDC 185 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 12 June 2007, 13 June 2007, 14 June 2007, 15 June 2007, 10 August 2007, 13 August 2007, 14 August 2007, 15 August 2007, 16 August 2007 and 17 August 2007
JUDGMENT DATE: 20 September 2007
JURISDICTION: Civil
JUDGMENT OF: Hungerford ADCJ
DECISION: Verdict for plaintiff against the defendant in amount of $368,305.62; parties to be heard on costs
CATCHWORDS: Negligence - Personal injury - Lose footing, slide on sloped land into a hole - Ankle injury - Occupier's liability - Planting of trees organised by defendant on site prepared by it - Performed by volunteers - Land owned by member of defendant - Environmental aspects - Whether contributory negligence of plaintiff - Damages
LEGISLATION CITED: Civil Liability Act 2002, ss 5B, 5C, 5D, 5F, 5G, 5H and 16
Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301 CASES CITED: Bassett v Host [1982] 1 NSWLR 206 Donoghue v Stevenson [1932] AC 562 Fennell v Supervision and Engineering Services Holdings Pty Ltd and Santos Ltd (1988) 47 SASR 6 State of New South Wales v Seedsman (2000) 217 ALR 583
PARTIES: Verity Greenwood – Plaintiff Richmond Riparian Management Landcare Inc – Defendant
FILE NUMBER(S): Matter No 2453 of 2007
COUNSEL: Mr A Quinlivan (Plaintiff) Ms J C Chapman (Defendant)
SOLICITORS: Leitch Hasson Dent (Plaintiff) Phillips Fox (Defendant)
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