NSW Caselaw
New South Wales Court of Appeal
CITATION : HILL v CHIAVERINI [2004] NSWCA 265 HEARING DATE(S) : 12 July 2004 JUDGMENT DATE : 6 August 2004
JUDGMENT OF : Mason P at 1; McColl JA at 43; Hislop J at 44 DECISION : Appeal dismissed with costs.
CATCHWORDS : NEGLIGENCE - occupier's liability - plaintiff tripped and fell whilst taking a shortcut - whether breach established - reasonableness of response to foreseeable risk of injury - system of cleaning reasonable - no evidence of breakdown of system. (ND) PARTIES : Joanne Maree HILL Mario CHIAVERINI & 5 Ors FILE NUMBER(S) : CA 40637/03 COUNSEL : Appellant: B Walker SC/ E Romaniuk Respondent: G Craddock SOLICITORS : Appellant: Farrell Lusher by their agents Turner Whelan Respondent: McCabe Terrill
LOWER COURT District Court JURISDICTION : LOWER COURT DC 59/2002 FILE NUMBER(S) : LOWER COURT Sidis DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40637 of 2003 DC 59 of 2002
MASON P McCOLL JA HISLOP J
Friday 6 August 2004
Joanne Maree HILL v Mario CHIAVERINI & Ors
BACKGROUND The plaintiff suffered a significant injury to her left knee when she fell at premises owned and occupied by the defendant. The premises comprised a small shopping centre on the Princes Highway at Fernhill. Access was provided by two driveways, each of 15 metres width. There was no designated pedestrian access.
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