TELFER v. BERKELEY CHALLENGE PTY. LIMITED (NO. 2) [2000] NSWCA 181

New South Wales Court of Appeal

CITATION : TELFER v. BERKELEY CHALLENGE PTY. LIMITED (NO. 2) [2000] NSWCA 181 FILE NUMBER(S) : CA 40100/99 HEARING DATE(S) : Written Submissions JUDGMENT DATE : 21 July 2000

PARTIES : VICKI LEE TELFER (Appellant) BERKELEY CHALLENGE PTY. LIMITED (Respondent) JUDGMENT OF : Mason P at 1; Meagher JA at 2; Powell JA at 3

LOWER COURT JURISDICTION : District Court LOWER COURT DC 6264/97 FILE NUMBER(S) : LOWER COURT Patten DCJ JUDICIAL OFFICER :

COUNSEL : A.J. Leslie QC (Appellant) P.J. Deakin QC/A. Ventura (Respondent) SOLICITORS : Steve Masselos & Co. (Appellant) Hickson Wisewoulds (Respondent) CATCHWORDS : COURTS - Practice and procedure - Judgments and orders - Orders not passed and entered - Power to vacate and vary - Whether appropriate case. D DECISION : Application dismissed

7 IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40100/99 DC 6264/97

MASON P MEAGHER JA POWELL JA

21 JULY 2000

TELFER v. BERKELEY CHALLENGE PTY. LIMITED (NO. 2)

JUDGMENT 1 MASON P. I agree with Powell JA. 2 MEAGHER JA: I agree with Powell JA. 3 POWELL JA: On 8 March 2000 this Court delivered Judgment upholding the Appellant's appeal from the Judgment of Patten DCJ and the verdict which his Honour had found in favour of the Respondent in the proceedings which the Appellant had brought seeking to recover from the Respondent damages for the injuries which she had sustained while carrying out work as a cleaner at the University of Newcastle, which injuries, so she alleged, had been caused by the negligence of the Respondent in (inter alia) exposing her to a risk of injury which could have been avoided by the exercise of reasonable care. So far as is relevant to the present application, the orders which were made by this Court were as follows: "2. Order that the verdict found, and Judgment entered, in the District Court in favour of the Respondent be set aside. 3 Order that, in lieu thereof, there be found a verdict and Judgment entered in the District Court in favour of the Appellant for damages to be assessed. 4. Order that the proceedings be remitted to the District Court for the assessment of damages. ……… 6. Order the costs of the hearing as to damages be reserved to the Judge conducting that hearing."