Marshall v Cunningham [2000] NSWSC 1006

New South Wales Supreme Court

CITATION : Marshall v Cunningham [2000] NSWSC 1006 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 21441/96 HEARING DATE(S) : 19/10/2000, 20/10/2000 JUDGMENT DATE : 17 November 2000

PARTIES : Chrissie-Joy MARSHALL v Thyrone Gardiner CUNNINGHAM JUDGMENT OF : Ireland AJ at 1

COUNSEL : Ms I Ryan - Plaintiff Mr C Jackson - Defendant SOLICITORS : Webb Thom & Associates - Plaintiff Darvall Rynne Ebbett & Associates, Queensland - Defendant CATCHWORDS : Damages claim for personal injury - occupier's liability - not taking adequate precautions - failing to provide suitable steps to enter caravan - no breach of duty of care established. DECISION : Judgment for the defendant. The plaintiff is to pay the defendant's costs ; I note that in his judgment delivered 17 June 1999 on the motion seeking transfer of the hearing of the case to the Supreme Court of Queensland Justice Barr ordered the defendant to pay the costs of the motion in an amount to be agreed or assessed.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

CORAM: IRELAND AJ

FRIDAY, 17 NOVEMBER, 2000 21441/96 - Chrissie -Joy MARSHALL - v - Thyrone Gardiner CUNNINGHAM

JUDGMENT 1 HIS HONOUR: By statement of claim filed 20 December 1996 the plaintiff, Chrissie-Joy Marshall sues the defendant, Thyrone Gardiner Cunningham claiming damages for personal injury allegedly sustained by her on or about 11 January 1994 when the plaintiff was stepping out of a caravan located on the defendant's property "Rodmar", Lupton Road, Beaudesert, Queensland. 2 In her statement of claim the plaintiff alleged the following particulars of negligence:- (a) Failing to take any or any adequate precautions for the plaintiff's safety;