NSW Caselaw
New South Wales Court of Appeal
CITATION : Coffs Harbour City Council v Fokes [2003] NSWCA 368 HEARING DATE(S) : 19 November 2003 JUDGMENT DATE : 19 December 2003
JUDGMENT OF : Giles JA at 1; Ipp JA at 54; Howie J at 55 DECISION : (1) Appeal allowed; (2) Set aside the verdict and judgment for the plaintiff; (3) Order that there be a new trial; (4) Set aside the order for costs made by the trial judge; costs to be in the discretion of the judge conducting the new trial; (5) Respondent to pay the appellant's costs and have a certificate under the Suitors Fund Act if otherwise qualified.
CATCHWORDS : Personal injury - fall from bicycle - whether judge entitled to accept plaintiff's evidence - whether judge misapprehended plaintiff's evidence and erred in findings as to fall - whether this error vitiated holding as to breach of duty - no question of principle. CASES CITED : Malco Engineering Pty Ltd v Ferreira (1994) 10 NSWCCR 117. PARTIES : Coffs Harbour City Council - Appellant Desmond Bryan Fokes - Respondent FILE NUMBER(S) : CA 40158/03 COUNSEL : J P Guihot - Appellant S Norton SC & D M Wilson - Respondent SOLICITORS : Hunt & Hunt, Newcastle - Appellant Stacks, The Law Firm, Taree - Respondent
LOWER COURT District Court JURISDICTION : LOWER COURT DC 192/01 FILE NUMBER(S) : LOWER COURT Shadbolt DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40158/03 DC 192/01 (Taree)
GILES JA IPP JA HOWIE J
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