NSW Caselaw
New South Wales Court of Appeal
CITATION : GEORGE v THE BROKEN HILL PROPRIETARY COMPANY LIMITED & 1 ORS [2003] NSWCA 365 HEARING DATE(S) : 23/09/2003 JUDGMENT DATE : 15 December 2003
JUDGMENT OF : Meagher JA at 1; McColl JA at 2; Foster AJA at 77 DECISION : 1. Grant leave to appeal; 2. Claimant to file his Notice of Appeal within 21 days of these orders; 3. Opponents' motions dated 4 December 2002 dismissed; 4. Opponents to pay the claimant's costs of the motions before Registrar Schell; 5. Costs of the leave application to be costs in the appeal
CATCHWORDS : PRACTICE AND PROCEDURE - leave to appeal - whether claimant's case sufficiently arguable - where no direct evidence of breach of duty of care - whether evidence sufficient to enable the trial judge to find the burden of proof discharged in the absence of any contradiction - review of Registrar's decision to dismiss appeal as incompetent - whether grant of extension of time based upon extraneous or irrelevant matters. Construction Safety Regulations 1950 (NSW) District Court Act 1973 (NSW) LEGISLATION CITED : Factories, Shops and Industries Act 1962 (NSW) Supreme Court Rules 1970 (NSW) Workers Compensation Act 1987 (NSW) Armory v Delamirie (1722) 1 Stra 505, 93 ER 664 Blatch v Archer (1774) 1 Cowp. 63, 98 ER 969 Carolan v AMF Bowling Pty Limited t/as Bennetts Green Bowl (unreported, NSWCA, 16 November 1995) Council of the Municipality of Woollahra v Sved & Anor (NSWCA, unreported, 24 July 1998) Hampton Court Limited v Crooks (1957) 97 CLR 367 CASES CITED : Ho v Powell (2001) 51 NSWLR 572 House v The King (1936) 55 CLR 499 In Re the Will of Gilbert (Dec'd) (1946) 46 S.R. (NSW) 318 Jones v Dunkel (1959) 101 CLR 298 Kondis v State Transport Authority (1984) 154 CLR 672 Shoeys Pty Limited v Allan (1991) Australian Torts Reports 81-104 Craig GEORGE - Claimant PARTIES : THE BROKEN HILL PROPRIETARY COMPANY LIMITED - 1st Opponent CONVATECH PTY LTD (Formerly BELL BANE (NCLE) PTY LTD) - 2nd Opponent FILE NUMBER(S) : CA 40425/03; 40558/02 Mr M Aldridge SC - Claimant COUNSEL : Mr R Margo SC with Mr A Spencer - 1st Opponent Mr G McGrath - 2nd Opponent Bale Boshev Lawyers - Claimant SOLICITORS : Blake Dawson Waldron - 1st Opponent Arnold Lawyers - 2nd Opponent
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