Zammit v Auto Team P/L [2002] NSWCA 196

New South Wales Court of Appeal

CITATION : Zammit v Auto Team P/L [2002] NSWCA 196 FILE NUMBER(S) : CA 40835 of 2000 HEARING DATE(S) : 03/04/02 JUDGMENT DATE : 27 June 2002

Bill Zammit PARTIES : v Auto Team Pty Ltd JUDGMENT OF : Meagher JA at 1; Handley JA at 16; Powell JA at 17

LOWER COURT JURISDICTION : District Court LOWER COURT DC 8345 of 1998 FILE NUMBER(S) : LOWER COURT Armitage DCJ JUDICIAL OFFICER :

COUNSEL : Appellant: Mr D E Baran Respondent: Mr P Deakin QC SOLICITORS : Appellant: Stephen Smart & Associates Respondent: Abbot Tout CATCHWORDS : Personal Injury - failure to provide adequate supervision - appeal dismissed with costs. DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40835 of 2000 DC 8345 of 1998

MEAGHER JA HANDLEY JA POWELL JA

Thursday, 27 June 2002 ZAMMIT v AUTO TEAM PTY LTD FACTS

The appellant, Mr Zammit, a mechanic, was injured whilst carrying out alterations on a Nissan Pathfinder at the respondent's premises, Auto Team Pty Ltd. The trial judge awarded a verdict in favour of the respondent as a result of the contradictory factual narratives submitted in evidence by the appellant and his witnesses.

On appeal, the appellant maintained that the description of the incident contained in the statement of claim bore no relation to the truth and attempted to reformulate his case by contending that the respondent failed to provide adequate supervision.