NSW Caselaw
Reported Decision : (2001) Aust Torts Reports 81-629
New South Wales Court of Appeal
CITATION : SRA v MADDEN [2001] NSWCA 252 FILE NUMBER(S) : CA 40320/00 HEARING DATE(S) : 28 June 2001 JUDGMENT DATE : 23 October 2001
STATE RAIL AUTHORITY OF NEW SOUTH WALES PARTIES : v PAUL MADDEN JUDGMENT OF : Handley JA at 1; Ipp AJA at 39; Rolfe AJA at 40
LOWER COURT JURISDICTION : District Court LOWER COURT DC 1076/99 FILE NUMBER(S) : LOWER COURT Taylor DCJ JUDICIAL OFFICER :
COUNSEL : Appellant - L King SC/J G Campbell Respondent - R V Letherbarrow SC/D M Wilson SOLICITORS : Appellant - Gillis Delaney Brown Respondent - Stacks The Law Firm CATCHWORDS : NEGLIGENCE - personal injury - whether duty owed by rail authority to take reasonable care to prevent young children entering into railway station to play games - whether duty breached - plaintiff's case was that system of supervision adequate but not complied with - whether injury to foot when jammed in escalator caused by breach - whether trial Judge erred in assessment of damages for future economic loss David Jones (Adelaide) Limited v Roupas [1965] SASR 17 David Jones (Canberra) Pty Ltd v Stone (1970) 123 CLR 185 Wyong Shire Council v Shirt (1980) 146 CLR 40 CASES CITED: Chapman v Hearse (1961) 106 CLR 112 Bennett v Minister of Community Welfare (1992) 176 CLR 408 Chappell v Hart (1998) 195 CLR 232 Romeo v The Conservation Commission of the Northern Territory (1998) 192 CLR 431 DECISION : Appeal allowed - orders made
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
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