Sanders v State of New South Wales [2001] NSWCA 102

New South Wales Court of Appeal

CITATION : Sanders v State of New South Wales [2001] NSWCA 102 FILE NUMBER(S) : CA 40072/00 HEARING DATE(S) : 9 April 2001 JUDGMENT DATE : 18 April 2001

RONALD SANDERS PARTIES : v THE STATE OF NEW SOUTH WALES JUDGMENT OF : Meagher JA at 1; Handley JA at 2; Ipp AJA at 22

LOWER COURT JURISDICTION : District Court LOWER COURT 2993/98 FILE NUMBER(S) : LOWER COURT Armitage DCJ JUDICIAL OFFICER :

COUNSEL : M R Aldridge SC/A J Lidden (Appellant) R S McIlwaine SC (Respondent) SOLICITORS : Brydens Law Office Liverpool (Appellant) P W Turk & Associates Sydney (Respondent) CATCHWORDS : NEGLIGENCE - industrial accident - trial Judge finds case not proved - COURTS & JUDGES - adequacy of reasons of trial Judge CASES CITED: Workers Compensation Act 1987 DECISION : Appeal dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40072/00 DC 2993/98 MEAGHER JA HANDLEY JA IPP AJA

Wednesday 18 April 2001 RONALD SANDERS v THE STATE OF NEW SOUTH WALES

NEGLIGENCE - industrial accident - trial Judge finds case not proved COURTS & JUDGES - adequacy of reasons of trial Judge The appellant was required to load heavy trolleys onto trucks in the course of his employment with the respondent and claimed he had suffered an injury while doing this work. His action for damages was heard by Armitage DCJ. The Judge held that the case had not been proved. The grounds of appeal were that the Judge had erred in finding that the plaintiff had not proved his case. A further ground of appeal that the Judge had not given reasons was added by leave during the hearing. HELD, dismissing the appeal, Ipp AJA dissenting: The Judge gave adequate reasons for rejecting the plaintiff 's case. ORDERS Appeal dismissed with costs.