NSW Caselaw
New South Wales Court of Appeal
CITATION : The Australian Capital Territory v Kitt [2004] NSWCA 444 HEARING DATE(S) : 9 November 2004 JUDGMENT DATE : 29 November 2004
JUDGMENT OF : Sheller JA at 1; Giles JA at 2; Santow JA at 10 DECISION : Leave to appeal granted. See orders at [38].
CATCHWORDS : NEGLIGENCE - Leave to appeal - Was claimant, "Territory", liable for injuries suffered when opponent road his motorcycle trail bike around a blind corner upon off-road track occupied by the Territory into a pile of dirt and rubble of which the Territory was aware - Whether Territory as occupier of the land breached a duty of care to opponent by failing to erect a warning sign - Whether there was a failure to consider at all whether the alleged breach of duty caused the injury. Ah Tong v Wingecarribee Council [2003] NSWCA 381 Chester v Afshar (2004) 3 WLR 927 at 936 [25] CASES CITED : Fairchild v Glenhaven Funeral Services Ltd [2003] 1 AC 32 TC v The State of New South Wales & Ors [2001] NSWCA 380 Wyong Shire Council v Vairy; Mulligan v Coffs Harbour City Council [2004] NSWCA 247 PARTIES : THE AUSTRALIAN CAPITAL TERRITORY (Claimant) Timothy Allen KITT (Opponent) FILE NUMBER(S) : CA 40198/04 COUNSEL : S H PILKINTON (Claimant) R F WILKINS (Opponent) SOLICITORS : The Australian Capital Territory Government Solicitor by their New South Wales Agents, Campbell Paton & Taylor (Claimant) Boyd & Longhurst (Opponent)
LOWER COURT District Court JURISDICTION : LOWER COURT DC 86/02 FILE NUMBER(S) : LOWER COURT O'Reilly DCJ JUDICIAL OFFICER :
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