NSW Caselaw
New South Wales Court of Appeal
CITATION : Martin v Wagga Wagga City Council [2004] NSWCA 289 HEARING DATE(S) : 21 June 2004 JUDGMENT DATE : 25 August 2004
JUDGMENT OF : Sheller JA at 1; Santow JA at 2; Tobias JA at 64 DECISION : (1) Leave to appeal refused. (2) Claimant to pay opponent's costs.
CATCHWORDS : NEGLIGENCE - injuries sustained when claimant stepped on concrete ramp, her foot then slipping backwards and going from under her resulting in serious head and facial injury - leave to appeal from unsuccessful action to recover from Council for injuries suffered - whether insufficient evidence on the balance of probabilities that Council constructed ramp - whether no evidence of negligence - whether no evidence that negligence caused accident. LEGISLATION CITED : Local Government Act, 1919 Ordinance 70 Brodie and Anor v Singleton Shire Council (2001) 206 CLR 512 CASES CITED : De Gioia v Darling Island Stevedoring & Lighterage Co Limited (1941) 42 SR(NSW) 1 Hampton Court Limited v Crooks (1957) 97 CLR 361 PARTIES : Terrill Suzanne MARTIN (Claimant) WAGGA WAGGA CITY COUNCIL (Opponent) FILE NUMBER(S) : CA 40899/03 COUNSEL : B M J TOOMEY, QC/ A BLACK (Claimant) M J JOSEPH SC/ P SIBTAIN (Opponent) SOLICITORS : Walsh & Blair (Claimant) Phillips Fox (Opponent)
LOWER COURT District Court JURISDICTION : LOWER COURT DC 8/02 FILE NUMBER(S) : LOWER COURT O'Reilly DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40899/03 DC 8/02
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