Neighbourhood Association DP 295386 v Hannah Forgeron [2005] NSWCA 150

New South Wales Court of Appeal

CITATION: Neighbourhood Association DP 295386 v Hannah Forgeron [2005] NSWCA 150

HEARING DATE(S): 04/03/2005

JUDGMENT DATE: 13 May 2005

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Campbell AJA at 3

DECISION: The appeal be dismissed with costs.

CATCHWORDS: Negligence - occupier's liability - duty of care of Neighbourhood Association - Shirt calculus - ex tempore judgments - appeal dismissed.

Community Land Development Act 1989 LEGISLATION CITED: Community Land Management Act 1989

Maviglia v Maviglia [1999] NSWCA 188 CASES CITED: Tame v New South Wales [2002] 211 CLR 317 Wyong Shire Council v Shirt [1980] 146 CLR 40

Neighbourhood Association DP 295386 Appellant PARTIES: Hannah Forgeron Respondent

FILE NUMBER(S): CA 40046/04

Mr I Harrison SC Appellant COUNSEL: Mr D Campbell SC / Mr S Longhurst Respondent

Leitch Hasson Dent Appellant SOLICITORS: Lawson Andonovski Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 533/99

LOWER COURT JUDICIAL OFFICER: McLoughlin DCJ

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40046/04 DC 533/99

BEAZLEY JA HODGSON JA M W CAMPBELL AJA

Friday 13 May 2005 NEIGHBOURHOOD ASSOCIATION DP 295386 v HANNAH FORGERON Judgment

1 BEAZLEY JA: I agree with Campbell AJA. 2 HODGSON JA: I agree with M.W. Campbell AJA. 3 M W CAMPBELL AJA: This is an appeal from a judgment of his Honour Judge McLoughlin of the District Court awarding the respondent a verdict in the sum of $168,027.65. The appeal is confined to the issue of liability. 4 The principal issues that were developed during the hearing of the appeal were whether the Judge incorrectly stated the test for breach of duty of care, which it was agreed was that of an occupier and whether he failed to apply the proper test.