GEORGOPOULOS v TELSTRA CORPORATION LTD [2004] NSWCA 266

New South Wales Court of Appeal

CITATION : GEORGOPOULOS v TELSTRA CORPORATION LTD [2004] NSWCA 266 HEARING DATE(S) : 15 July 2004 JUDGMENT DATE : 6 August 2004

JUDGMENT OF : Mason P at 1; Sheller JA at 27; Beazley JA at 28 DECISION : Leave to appeal refused and summons dismissed with costs.

CATCHWORDS : Negligence - claimant tripped on concrete cover in footpath whilst jogging - whether Telstra failed to take reasonable steps to inspect and repair - whether sufficient evidence to infer breach - whether hazard in the nature of a trap. (ND) PARTIES : Andrew GEORGOPOULOS TELSTRA CORPORATION LTD FILE NUMBER(S) : CA 41245/03 COUNSEL : Appellant: C Evatt/ M Rollinson Respondent: G M Watson SC. G Hickey SOLICITORS : Appellant: Teakle Ormsby George Respondent: Sparke Helmore

LOWER COURT District Court JURISDICTION : LOWER COURT DC 11231/01 FILE NUMBER(S) : LOWER COURT Certoma ADCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41245 of 2003 DC 11231 of 2001

MASON P SHELLER JA BEAZLEY JA

Friday 6 August 2004

Andrew GEORGOPOULOS v TELSTRA CORPORATION LTD

BACKGROUND The Claimant sued the Opponent for damages after he was injured whilst jogging along a footpath in Bridge Street, Epping. It was after 10.00pm at the time of the fall. The Claimant fell because he stood on the damaged and uneven corner of a concrete cover over a Telstra installation in the footpath. The corner was cracked diagonally to a width of about 20mm. The depth of the hole around the casing was approximately 15mm. A light pole was located about 2 metres from the cover, however visibility was poor.