NSW Caselaw
New South Wales Court of Appeal
CITATION : FRANCIS & ORS v LEWIS [2003] NSWCA 152 HEARING DATE(S) : 19 May 2003 JUDGMENT DATE : 19 June 2003
JUDGMENT OF : Mason P at 1; Hodgson JA at 64; Tobias JA at 69 DECISION : Appeal dismissed
CATCHWORDS : Negligence - Respondent slipped and fell off external stairway owned by appellants - stairway presented obvious risks to users - single pipe handrail at height of 865mm - whether appellants negligent in failing to install mid-rail - Breach of duty - reasonable care - "lawful common practice" - where handrail complied with Building Ordinance at time of construction - reasonable foreseeability of risk of injury - where stairway in regular use - where danger obvious to appellants - availability of preventative measures - Procedural fairness - whether unjust to allow reliance on matters not litigated at trial - current building standards - Appeal dismissed (D) PARTIES : Henry William FRANCIS & Ors v Anne-Catreen LEWIS FILE NUMBER(S) : CA 40863/02 COUNSEL : Appellants: J Maconachie QC / P Arden Respondent: G O'L Reynolds SC / R Foord SOLICITORS : Appellant: Henry Davis York Respondent: Denniston & Day, Wagga Wagga
LOWER COURT District Court JURISDICTION : LOWER COURT DC 175/01 FILE NUMBER(S) : LOWER COURT Sorby DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40863/2002
MASON P HODGSON JA TOBIAS JA
Thursday 19 June 2003
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