El-Tarraf v. Franklins Limited [2001] NSWCA 463

New South Wales Court of Appeal

CITATION : El-Tarraf v. Franklins Limited [2001] NSWCA 463 FILE NUMBER(S) : CA 40438/01 HEARING DATE(S) : 5 Deccember 2001 JUDGMENT DATE : 10 December 2001

PARTIES : Joe El-Tarraf - appellant Franklins Limited - respondent JUDGMENT OF : Hodgson JA at 1; Foster AJA at 45; Ipp AJA at 46

LOWER COURT JURISDICTION : Supreme Court LOWER COURT CLD 20162/99 FILE NUMBER(S) : LOWER COURT Newman AJ JUDICIAL OFFICER :

COUNSEL : Mr. L. King SC (A) Mr. J. McIntyre SC with J. Fredman (R) SOLICITORS : Carroll & O'Dea, Sydney (A) Sparke Helmore, Sydney (R) CATCHWORDS : COURTS AND JUDGES - Judgments - Sufficiency of reasons - Claim dismissed without finding whether or not plaintiff's evidence accepted. ND. DECISION : See par.44 of judgment

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40438/01 SC 20162/99 HODGSON JA FOSTER AJA IPP AJA Monday 10th December 2001 EL-TARRAF V. FRANKLINS LIMITED Judgment 1 HODGSON JA: On 22nd May 2001, Newman AJ gave a verdict for the respondent Franklins Limited in proceedings brought against it by the appellant Joe El-Tarraf, seeking damages for injury allegedly caused by a breach of the respondent's duties as the appellant's employer. The primary judge found that the respondent had breached its duty to the appellant as his employer, but that the relevant thresholds to obtain an award of damages for economic and non-economic loss were not reached. The appellant has appealed to this Court from that decision.