NSW Caselaw
New South Wales Court of Appeal
CITATION : Kaldor v Woollahra Municipal Council & Anor [2001] NSWCA 414 FILE NUMBER(S) : CA 40300/01 HEARING DATE(S) : 7 November 2001 JUDGMENT DATE : 7 November 2001
Rupert Byron Finlay Kaldor - Claimant PARTIES : Woollahra Muncipal Council - First Opponent Roads & Traffic Authority of New South Wales - Second Opponent JUDGMENT OF : Giles JA at 1; Rolfe AJA at 10
LOWER COURT JURISDICTION : District Court LOWER COURT 7026/99 FILE NUMBER(S) : LOWER COURT Balla DCJ JUDICIAL OFFICER :
W Washington - Claimant COUNSEL : R Newlands & S P Glascott - Second Opponent V Hartstein - Second Opponent Baron & Associates - Claimant SOLICITORS : Phillips Fox - First Opponent I V Knight - Second Opponent CATCHWORDS : LEAVE TO APPEAL - motor cycle accident - caused by state of road - whether negligence in construction or repair of road - judge not satisfied there was - decision did not turn on misfeasance/nonfeasance - no inadequacy of reasons or finding against evidence - no arguable error - leave refused. CASES CITED: Brodie v Singleton Shire Council (2001) HCA 29; Hill v Commissioner of Main Roads (1989) 68 LGRA 173. DECISION : Application for leave dismissed with costs.
DCIN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40300/01 DC 7026/99 GILES JA ROLFE AJA
7 November 2001 KALDOR v WOOLLAHRA MUNICIPAL COUNCIL & ORS
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