NSW Caselaw
Reported Decision : (2000) 31 MVR 398
New South Wales Court of Appeal
CITATION : Blacktown City Council v Black [2000] NSWCA 170 revised - 26/04/2007 FILE NUMBER(S) : CA 40465/99 HEARING DATE(S) : 10/07/00 JUDGMENT DATE : 13 July 2000
PARTIES : Blacktown City Council (Appellant) David James Black (Respondent) JUDGMENT OF : Sheller JA at 1; Fitzgerald JA at 2; Heydon JA at 21
LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT 10056/93 FILE NUMBER(S) : LOWER COURT Hidden J JUDICIAL OFFICER :
COUNSEL : Mr D.L. Davies SC / Mr M.T. McCulloch (Appellant) Mr A.J. Bartley SC / Ms E. Welsh (Respondent) SOLICITORS : Phillips Fox (Appellant) Doherty Partners (Respondent) CATCHWORDS : Negligence - Motorcycle accident - whether the appellant's negligence was responsible for the accident - whether the respondent's account of the events should have been relied on by the trial judge - ND DECISION : Appeal allowed with costs; Judgment in favour of the respondent set aside; New trial ordered on the issue of liability; The costs of the first trial should be reserved to the judge at the retrial; The respondent if otherwise qualified should have a certificate under the Suitor's Fund Act 1951
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40465/99 SC 10056/93 SHELLER JA FITZGERALD JA HEYDON JA THURSDAY 13 JULY 2000
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