NSW Caselaw
New South Wales Court of Appeal
CITATION : Markey v Wansey & Ors [2002] NSWCA 221 FILE NUMBER(S) : CA 40457/01 HEARING DATE(S) : 28 May 2002 JUDGMENT DATE : 11 July 2002
George Markey - Appellant PARTIES : Michael Berkeley Wansey - First Responent William Spence & Stephen Spence t/as Fixed & Rotary Wing Engineering - Second Respondents JUDGMENT OF : Sheller JA at 1; Stein JA at 2; Giles JA at 3
LOWER COURT JURISDICTION : District Court LOWER COURT DC 7736/97 FILE NUMBER(S) : LOWER COURT Phegan DCJ JUDICIAL OFFICER :
COUNSEL : S L Ferrier (Solr) - Appellant A M Gruzman - First Respondent SOLICITORS : Gayle Meredith Associates - Appellant Meyer Clapham, Canberra - First Respondent CATCHWORDS : NEGLIGENCE - aircraft suffered partial power failure - pilot able to regain airfield - lowered undercarriage for landing - whether negligent in doing so - whether doing so caused crash landing - depends on facts. ND. DECISION : (1) Appeal allowed; (2) Set aside the verdict and judgment for the first respondent against the appellant and in lieu thereof order that there be verdict and judgment for the appellant; (3) Set aside the order that the appellant pay the first respondent's costs of the action including reserved costs and in lieu thereof order that the first respondent pay those costs: (4) First respondent pay the appellant's costs of the appeal and have a certificate under the Suitors Fund Act if qualified.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40457/01 DC 7736/97
SHELLER JA STEIN JA GILES JA
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