NSW Caselaw
New South Wales Court of Appeal
CITATION: Rubido v Mascot Engineering Co Pty Ltd [2005] NSWCA 6
HEARING DATE(S): 31 January 2005
JUDGMENT DATE: 31 January 2005
JUDGMENT OF: Beazley JA at 27; Ipp JA at 28; McColl JA at 1
DECISION: (1) Appeal allowed (2) Set aside the verdict, judgment and orders made by the primary judge (3) Order that the matter be remitted to the District Court for re-hearing (4) Order the respondent to pay the appellant's costs of the appeal but to have a certificate under the Suitors' Fund Act 1951 (NSW) if so entitled.
CATCHWORDS: PERSONAL INJURY - duty of care - causation - breach of duty - JUDICIAL OFFICERS - content of obligation to give adequate reasons
Suitors' Fund Act 1951 (NSW) LEGISLATION CITED: Supreme Court Rules Part 51 r 21
Beale v GIO of NSW (1997) 48 NSWLR 430 CASES CITED: March v Stramare Pty Ltd (1991) 171 CLR 506
Julio Andres Rubido (Appellant) PARTIES: Mascot Engineering Co Pty Ltd (Respondent)
FILE NUMBER(S): CA 40208/04
B H.K Donovan QC/R McLoughry (Appellant) COUNSEL: J G Stewart (Respondent)
Eugene Lepore & Associates (Appellant) SOLICITORS: McCulloch & Buggy (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 1477/01
LOWER COURT JUDICIAL OFFICER: Delaney DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40208/04
BEAZLEY JA IPP JA McCOLL JA
Monday, 31 January 2005 Julio Andres RUBIDO v MASCOT ENGINEERING CO PTY LTD Judgment
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate