NSW Caselaw
New South Wales Court of Appeal
CITATION: Gale v State of New South Wales [2005] NSWCA 143
HEARING DATE(S): 4 April 2005
JUDGMENT DATE: 6 May 2005
JUDGMENT OF: Beazley JA at 1; Young CJ in Eq at 2; Campbell AJA at 68
DECISION: Appeal allowed. Matter remitted to the District Court for retrial.
CATCHWORDS: Appellant/plaintiff was employee of contractor to Long Bay Gaol. She was employed part time to supervise gym. A weight machine got stuck and, in attempting to free it, weights in the machine crushed her foot. The appellant sued the Department as "occupier" of the gaol. Trial Judge held accident appellant's own fault. Trial Judge failed adequately to address Shirt Calculus or to make sufficient findings of fact. There being some evidence that there was a duty of care and breach of that duty, the case should be remitted to the District Court for retrial.
Haynes v Harwood [1935] 1 KB 146 Pack-Tainers Pty Ltd v Moore [2005] NSWCA 43 CASES CITED: Thurogood v Van Den Berghs & Jurgens Ltd [1951] 2 KB 537 Van Der Sluice v Display Craft Pty Ltd [2002] NSWCA 204 Wyong Shire Council v Shirt (1980) 146 CLR 40
Leonie Gale (A) PARTIES: State of New South Wales (R)
FILE NUMBER(S): CA 41023/03
S Norton SC and P Khandhar (A) COUNSEL: S W Davis (R)
Bryden's Law Office (A) SOLICITORS: I V Knight, Crown Solicitor's Office (R)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 7145/01
LOWER COURT JUDICIAL OFFICER: Black DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41023/03 DC 7145/01
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