Rothonis v South Sydney Council & Anor [2004] NSWCA 290

New South Wales Court of Appeal

CITATION : Rothonis v South Sydney Council & Anor [2004] NSWCA 290 revised - 25/08/2004 HEARING DATE(S) : 23 August 2004 JUDGMENT DATE : 23 August 2004

JUDGMENT OF : Handley JA at 1; Beazley JA at 11; Ipp JA at 12 DECISION : Appeal dismissed with costs

CATCHWORDS : HIGHWAYS - pedestrian falls on footpath -no question of principle - ND Panagiota Rothonis (Appellant) PARTIES : South Sydney Council (First Respondent) Energy Australia (Second Respondent) FILE NUMBER(S) : CA 40991/03 D Andrews (Appellant) COUNSEL : D Campbell SC/M Fordham (First Respondent) G watson SC/N Chen (Second Respondent) T D Kelly & Co (Appellant) SOLICITORS : Leitch Hasson Dent (First Respondent) Tress Cocks & Maddox (Second Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT DC 2175/02 FILE NUMBER(S) : LOWER COURT Nield DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40991/03 DC 2175/02

HANDLEY JA BEAZLEY JA IPP JA

23 AUGUST 2004 PANAGIOTA ROTHONIS v SOUTH SYDNEY COUNCIL & ANOR CATCHWORDS HIGHWAYS – pedestrian falls on footpath – no question of principle FACTS

The appellant fell on a public footpath in Redfern close to a manhole cover installed many years before by an electricity undertaker. One of the covers was not sitting flush in its housing but protruded 19 millimetres at one end and 8 millimetres at the other above the level of the footpath. There was no evidence that the council or the undertaker had interfered with the manhole cover and left it protruding but there was evidence that a third party had probably done so. The appellant sued the council and the electricity undertaker but the trial Judge entered judgments for the defendants. On appeal HELD: The appellant had failed to establish error. ORDERS