NSW Caselaw
New South Wales Court of Appeal
CITATION : State Rail Authority of New South Wales v Wynn [2003] NSWCA 209 revised - 05/08/2003 HEARING DATE(S) : 18 June 2003 JUDGMENT DATE : 5 August 2003
JUDGMENT OF : Handley JA at 1; Sheller JA at 39; Davies AJA at 40 DECISION : 1. Appeal allowed in part; 2. Set aside the judgment of the District Court except as to liability and costs; 3. In lieu thereof substitute judgment for the plaintiff for $99,538.35 with effect from 24 May 2002; 4. The respondent is to pay one half of the appellant's costs and to have a certificate under the Suitors Fund Act.
CATCHWORDS : NEGLIGENCE - occupier's liability - defect in stairs at railway station - DAMAGES - personal injuries - past and future care - must be properly proved CASES CITED : Browne v Dunn (1893) 6 R 67 HL PARTIES : State Rail Authority of New South Wales (Appellant) Grace Wynn (Respondent) FILE NUMBER(S) : CA 40465/02 COUNSEL : H Marshall (Appellant) M Williams SC/M Ward (Respondent) SOLICITORS : Gillis Delaney Brown (Appellant) McLachlan Chilton (Respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT DC 4857/00 FILE NUMBER(S) : LOWER COURT Balla DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
40465/02 HANDLEY JA SHELLER JA DAVIES AJA 5 AUGUST 2003 STATE RAIL AUTHORITY OF NEW SOUTH WALES v GRACE WYNN
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