NSW Caselaw
New South Wales Court of Appeal
CITATION : Waterways Authority & Anor v Mathews [2003] NSWCA 330 HEARING DATE(S) : 08/08/03 JUDGMENT DATE : 12 November 2003
JUDGMENT OF : Meagher JA at 1; Handley JA at 13; Sheller JA at 14 DECISION : 1. Appeal allowed; 2. Judgment and verdicts below set aside; 3. In lieu thereof, order a verdict for each defendant; 4. The respondent to pay the costs of each appellant in the Court below and on appeal, but to have a certificate under the Suitors' Fund Act in respect of the latter.
CATCHWORDS : NEGLIGENCE: Occupier's liability - LIability of public authority - Duty of Care - Obvious risk. CASES CITED : Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431 Waterways Authority & Owners Strata Plan No. 2373 PARTIES : v Desmond Stanley Mathews FILE NUMBER(S) : CA 40899 of 2002 COUNSEL : A: J D Hislop QC, P Morris R: J S Drummond, M G McHugh SOLICITORS : A: Moray & Agnew R: Hartmann & Associates
LOWER COURT District Court JURISDICTION : LOWER COURT DC 627 of 2001 FILE NUMBER(S) : LOWER COURT O'Connor DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40899 of 2002
MEAGHER JA HANDLEY JA SHELLER JA
Wednesday, 12 November 2003 WATERWAYS AUTHORITY & Anor v MATHEWS
FACTS
The Appellants (the defendants below) appealed against a judgment and verdict awarded to the Respondent (the plaintiff below) in the District Court.
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