SRA NSW v Kathleen Farrelly & Anor [2001] NSWCA 159

New South Wales Court of Appeal

CITATION : SRA NSW v Kathleen Farrelly & Anor [2001] NSWCA 159 FILE NUMBER(S) : CA 40237/00 HEARING DATE(S) : 10/04/01 JUDGMENT DATE : 4 June 2001

State Rail Authority of NSW PARTIES : v Kathleen Marie Farrelly & Anor JUDGMENT OF : Meagher JA at 1; Handley JA at 13; Adams J at 14

LOWER COURT JURISDICTION : District Court LOWER COURT 70181/94 FILE NUMBER(S) : LOWER COURT Maxwell ADCJ JUDICIAL OFFICER :

A: Mr C Hoeben SC/Mr P Biggins COUNSEL : R1: Dr A Morrison SC/Mr B Twomey R2: Mr K Kelleher A: Dibbs Barker Gosling SOLICITORS : R1: Turner Whelan Solicitors R2: Sparke Helmore Solicitors CATCHWORDS : Tort - Damages - where plaintiff suffered injuries in two separate accidents - distribution of damages against each defendant - assessment of damages - appeal SRA v Farrelly allowed - appeal Pells v Farrelly dismissed - cross appeal Farrelly v SRA allowed. DECISION : Appeal allowed; Counsel to bring in short minutes giving effect to these reasons; Appellant's success to be reflected in a costs order in favour of the SRA.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40237/00

MEAGHER JA HANDLEY JA ADAMS J

Monday, 4 June 2001 STATE RAIL AUTHORITY OF NSW v FARRELLY PELLS v FARRELLY JUDGMENT

FACTS The respondent, Mrs Farrelly, suffered injuries in two accidents which occurred approximately two years apart. The first accident was a fall at Gosford railway station. The second was a motor car accident occasioned by Mrs Pells. Mrs Farrelly sued the SRA and Mrs Pells in separate actions in respect of her injuries. Those actions were heard together and she was successful against both defendants. The SRA and Mrs Pells appealed from the trial judge's assessment of damages. Mrs Farrelly cross appealed on this issue. The SRA also appealed the trial judge's distribution of damages as against each defendant.