NSW Caselaw
New South Wales Court of Appeal
CITATION: Walshe v Prest [2005] NSWCA 333
HEARING DATE(S): 5 September 2005
JUDGMENT DATE: 27 September 2005
JUDGMENT OF: Giles JA at 1; Basten JA at 2; Campbell AJA at 40
DECISION: (1) Appeal dismissed; (2) Appellant to pay the Respondent's costs of the appeal; (3) If the parties are unable to agree the basis on which costs are to be assessed, both parties have liberty to file short written submissions as to the basis of calculation of costs of the appeal, within 7 days
CATCHWORDS: NEGLIGENCE - child struck by another child with glass while in care of childcare worker at picnic - whether inference of a failure to provide reasonable care open - DAMAGES - calculation of future economic loss - calculation of future out of pocket expenses - PRACTICE AND PROCEDURE - nothwithstanding error has been demonstrated, whether some substantial wrong or miscarriage of justice has been thereby occasioned pursuant to Part 51 r 23 of the Supreme Court Rules
LEGISLATION CITED: Supreme Court Act 1970 (NSW)
State of New South Wales v Moss (2000) 54 NSWLR 536. Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 CASES CITED: Graham v Baker (1961) 106 CLR 340 Conway v The Queen (2002) 209 CLR 203 HTW Valuers (Central Qld) Pty Ltd v Astonland Pty Ltd (2004) 217 CLR 640 Stead v State Government Insurance Commission (1986) 161 CLR 141
Cheryll Walshe (Appellant) PARTIES: Tamara Prest by her next friend Darren Prest (Respondent)
FILE NUMBER(S): CA 40820/04
S.G. Campbell SC (Appellant) COUNSEL: D.T. Kennedy SC/M.J. Perry (Respondent)
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