NSW Caselaw
Reported Decision : 65 NSWLR 373 (2006) Aust Torts Reports 81-833
New South Wales Court of Appeal
CITATION: Russell v Edwards & Anor [2006] NSWCA 19 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 17/02/06
JUDGMENT DATE: 3 March 2006
JUDGMENT OF: Beazley JA at 1; Ipp JA at 2; Hunt AJA at 45
DECISION: Appeal dismissed with costs.
CATCHWORDS: NEGLIGENCE - injury sustained by 16 year old when diving into the shallow end of a swimming pool - plaintiff intoxicated at the time of injury - liability of occupiers to adequately supervise - application of s 50 of the Civil Liability Act 2002 (NSW) - meaning of "self-induced intoxication" under s 50(5) of the Civil Liability Act - determination of a single cause of injury under s 50(1) of the Civil Liability Act. D
LEGISLATION CITED: Civil Liability Act 2002 (NSW), Pt 6, s 50
Australian Casualty Company Ltd v Federico (1986) 160 CLR 513 March v E & M H Stramare Pty Ltd (1991) 171 CLR 506 Government Insurance Office (NSW) v R J Green & Lloyd Pty Ltd (1966) 114 CLR 437 Insurance Commission of Western Australia v Container Handlers Pty Ltd (2004) 218 CLR 89 CASES CITED: Lasermax Engineering Pty Ltd v QBE Insurance (Australia) Ltd [2005] NSWCA 66 South Tweed Heads Football Club Ltd v Cole (2002) 55 NSWLR 113 State Government Insurance Commission v Sinfein Pty Limited (1996) 15 WAR 434 The Queen v O'Connor (1980) 146 CLR 64 Wayne Tank & Pump Company Ltd v Employers' Liability Assurance Corporation Ltd [1974] 1 QB 57
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