NSW Caselaw
New South Wales Court of Appeal
CITATION : Cargill Australia Ltd v Parsons [2004] NSWCA 238 HEARING DATE(S) : 26/05/04 JUDGMENT DATE : 16 July 2004
JUDGMENT OF : Hodgson JA at 1; McColl JA at 2; Cripps AJA at 3 DECISION : 1. Appeal upheld. 2. The decision and judgment of Judge Black be set aside and in lieu thereof judgment for the defendant be entered. 3. The plaintiff to pay the defendant's costs of the proceedings before his Honour Judge Black. 4. The respondent to pay the costs of the appeal but to have a certificate pursuant to the Suitors Fund Act.
CATCHWORDS : Negligence - Duty of care - Escape of steer onto a public road - Preventative action alleged by the plaintiff no more likely to reduce the risk of escape than that taken by the defendant. CASES CITED : Wiki v Atlantis Relocations (NSW) Pty Ltd [2004] NSWCA 174 Rosenberg v Percival [2001] HCA 18 APPELLANT PARTIES : Cargill Australia Ltd RESPONDENT Colleen Mary Parsons FILE NUMBER(S) : CA 40480/2003 APPELLANT COUNSEL : Mr M L Williams SC RESPONDENT Mr D R Campbell SC with Mr F Tuscano APPELLANT SOLICITORS : Moray & Agnew RESPONDENT McLaughlin & Riordan
LOWER COURT District Court JURISDICTION : LOWER COURT 1832/2002 FILE NUMBER(S) : LOWER COURT Black J JUDICIAL OFFICER :
- - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40480/03
HODGSON JA McCOLL JA CRIPPS AJA
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