NSW Caselaw
New South Wales Supreme Court
CITATION : HEMSLEY v LINDSAY [2005] NSWSC 236
HEARING DATE(S) : 29/3/04, 30/3/04, 31/3/04, 31/5/04, 28/6/04, 29/6/04, 30/6/04, 01/7/04, 8/7/04
JUDGMENT DATE : 23 March 2005
JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
DECISION : Judgment for the defendants
CATCHWORDS : Negligence - landlords' liability for burns to child - petrol spilt in laundry - exploded by contact with heater flame - pilot light cover defective and unattached - explosion inevitable - whether would have been delayed if cover attached allowing rescue - effect of non-attachment on time of ignition not foreseeable - nature of risk - nature of danger - whether danger foreseeable - landlords not liable
Bennett v Minister of Community Welfare (1992) 176 CLR 408 Chapman v Hearse (1961) 103 CLR 112 Game v NSW (2002) 211 CLR 317 Haynes v Harwood [1935] I KB 146 CASES CITED : Hughes v Lord Advocate (1963) AC 837 Minister for Environmental Planning v San Sebastian Pty Ltd and ors [1983] 2 NSWLR 268 Northern Sand Blasting Pty Limited v Harris (1996) 188 CLR 313 NSW Land & Housing Corporation v Watkins (2002) ATR 81-641
Luke John HEMSLEY (Plaintiff) PARTIES : Graham James LINDSAY and David Francis LINDSAY (Defendants)
FILE NUMBER(S) : SC 20023/01
D Wheelahan QC with P Woods (Plaintiff) COUNSEL : R Stitt QC with D Wilson
Mitchell Playford & Radburn by their agents Orr & Company (Plaintiff) SOLICITORS : Hunt & Hunt (Defendants)
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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