NSW Caselaw
New South Wales Court of Appeal
CITATION: KASUPENE v AJAX FOUNDRY PTY LIMITED [2006] NSWCA 309
HEARING DATE(S): 18 October 2006
JUDGMENT DATE: 10 November 2006
JUDGMENT OF: Bryson JA at 1; McClellan CJ at CL at 2; Hoeben J at 31
DECISION: 1. Appeal dismissed; 2. Appellant to pay the respondent's costs.
CATCHWORDS: NEGLIGENCE - workplace accident - foot struck by falling metal tray - application of Rule 14 - res ipsa loquitur - Jones v Dunkel inference - witness not called - possibility that the accident occurred without negligence - effect of appellant's decision not to allege mechanical defect - onus remains on the plaintiff
LEGISLATION CITED: Uniform Civil Procedure Rules 2005
Bright v Sampson & Duncan Enterprise Pty Ltd (1985) 1 NSWLR 346 Chappel v Hart (1998) 195 CLR 232 CASES CITED: Hamilton v Nuroof Pty Ltd (WA) (1956) 96 CLR 19 Jones v Dunkel (1958) 101 CLR 298 Kirby v Sanderson Motors Pty Ltd (2001) 54 NSWLR 135 Schellenberg v Tunnel Holdings Pty Ltd (2000) 200 CLR 121
PARTIES: Morgan Kasupene (Appl) Ajax Foundry Pty Ltd (Resp)
FILE NUMBER(S): CA 40691/05
COUNSEL: M Neil QC/R I Goodridge (Appl) J Turnbull (Resp)
SOLICITORS: Firths - The Compensation Lawyers (Appl) Holman Webb Lawyers (Resp)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 4714/04
LOWER COURT JUDICIAL OFFICER: Geraghty DCJ
LOWER COURT DATE OF DECISION: 8 August 2005
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40691/05 DC 4714/04
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