NSW Caselaw
New South Wales Court of Appeal
CITATION : Baysari v Walkom [2002] NSWCA 59 FILE NUMBER(S) : CA 40411/01 HEARING DATE(S) : 1 March 2002 JUDGMENT DATE : 11 March 2002
PARTIES : Sam Baysari - Appellant Tony Selby Walkom - Respondent JUDGMENT OF : Stein JA at 1; Giles JA at 2; Hodgson JA at 77
LOWER COURT JURISDICTION : District Court LOWER COURT DC 7011/98 FILE NUMBER(S) : LOWER COURT English DCJ JUDICIAL OFFICER :
COUNSEL : J Hislop QC & A Capelin - Appellant A Leslie QC & I McGillicuddy - Respondent SOLICITORS : Abbott Tout - Appellant Steve Masselos & Co - Respondent CATCHWORDS : NEGLIGENCE - damages - various challenges - depended on facts - no question of principle. ND. Dell v Dalton (1991) 23 NSWLR 528; CASES CITED: Norris v Blake (No 2) (1997) 41 NSWLR 49; Rhesa Shipping SA v Edmunds (1985) 1 WLR 948. DECISION : Verdict and judgment for $611,786.85 should be set aside, and in lieu thereof verdict and judgment for the plaintiff for $423,892 taking effect on 6 March 2001. No order for costs. Liberty to apply in relation to a different order for costs by reason of an offer of compromise to be exercised by notice of motion filed within seven days accompanied by written submissions; responsive submissions to be filed within a further seven days, and unless either the Court or one of the parties wishes to have a hearing the application will be decided on the written submissions.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40411/01 DC 7011/98
STEIN JA GILES JA HODGSON JA
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