Glover Gibbs P/L t/as Balfours NSW P/L v Laybutt [2004] NSWCA 45

New South Wales Court of Appeal

CITATION : Glover Gibbs P/L t/as Balfours NSW P/L v Laybutt [2004] NSWCA 45 HEARING DATE(S) : 12/02/04 JUDGMENT DATE : 3 March 2004

JUDGMENT OF : Meagher JA at 1; Ipp JA at 14; Palmer J at 15 DECISION : 1. Appeal allowed; 2. Verdict and judgment below be set aside; 3. Enter verdict and judgment for the defendant; 4. Order the plaintiff to pay the defendant's costs below; 5. Order the respondent to pay the appellant's costs of the appeal, but to have a Certificate under the Suitors' Fund Act.

CATCHWORDS : APPEAL - COMPENSATION - ERRONEOUS DIRECTION AT TRIAL - LENGTHY TRIAL - COSTS - Trial judge directed the jury to decide questions (concerning negligence and duty of care) based upon matters which were not in evidence - compensation awarded to the plaintiff for damages for injuries arising out of an accident which occurred at work. Held: Trial judge's directions to the jury inconsistent with the plaintiff's (or any) evidence - appeal allowed - verdict and judgment below set aside - verdict for the defendant in lieu thereof - plaintiff to pay the defendant's costs below - respondent to pay the appellants costs of the appeal and to have a Certificate under the Suitors' Fund Act. Lawyers' Duties to the Court (1998) 114 LQR 63 Supreme Court Rules Pt 1 r 3(1) Evidence Act 1995 (NSW) LEGISLATION CITED : The Hourglass and Due Process: The Propriety of Time Limits on Civil Trials (1992) 26 USF L Rev 237 Your Time is Up - The Imposition of Time Limits for the Presentation of Cases at Hearings (1995-96) Howell, Vol. 5 Journal of Judicial Administration p. 170 Reforms to the Adversarial Process in Civil Litigation - Part II (1995) 69 ALJ 790 at 805ff CASES CITED : Ashmore v Corporation of Lloyds [1992] 1 WLR 446 at 448 E I du Pont de Nemours & Co v Commissioner of Patents (1987) 16 FCR 423 Glover Gibbs Pty Limited t/as Balfours NSW Pty Limited PARTIES : v Robyn Vanessa Laybutt FILE NUMBER(S) : CA 40255 of 2003 COUNSEL : A: D G J Nock SC & R Beasley R: K P Rewell SC and R Goodridge SOLICITORS : A: Leigh Virtue & Associates R: Firths