Pareezer & Ors v Coca-Cola Amatil & Ors [2001] NSWSC 1097

New South Wales Supreme Court

CITATION : Pareezer & Ors v Coca-Cola Amatil & Ors [2001] NSWSC 1097 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 20018 of 2000 HEARING DATE(S) : 22 November 2001 JUDGMENT DATE : 29 November 2001

Craig Douglas Pareezer (First Plaintiff) Suzanne Joy Pareezer (Second Plaintiff) PARTIES : Scott Craig Pareezer by his tutor Suzanne Joy Pareezer (Third Plaintiff) v Coca-Cola Amatil (NSW) Pty Limited (now trading as Beverage Bottlers (NSW) Pty Limited (In Liquidation) (First Defendant/First Cross-Claimant) NSW Tafe Commission (First Cross Defendant) JUDGMENT OF : Master Malpass

Mr J Darvall (Plaintiffs) COUNSEL : Mr G M Watson (First Defendant/First Cross-Claimant) Mr A C Bridge SC (First Cross Defendant) Heazlewoods (Plaintiffs) SOLICITORS : Henry Davis York (First Defendant/First Cross-Claimant) Hicksons(First Cross Defendant) CATCHWORDS : Duty of care to prevent injury resulting from the criminal behaviour of third party owed by occupier of land upon which it takes place - special circumstances - amendment of Statement of Claim and striking out of Cross-Claim. LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1946, s 5. CASES CITED : Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] 176 ALR 411. DECISION : See Paragraphs 24 - 25.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION 20018 of 2000 Master Malpass