Bartolo v Owners of Strata Plan No. 10535 & 2 Ors [2005] NSWCA 256

New South Wales Court of Appeal

CITATION: Bartolo v Owners of Strata Plan No. 10535 & 2 Ors [2005] NSWCA 256

HEARING DATE(S): 2 June 2005

JUDGMENT DATE: 5 August 2005

JUDGMENT OF: Santow JA at 1; Tobias JA at 41; McColl JA at 42

DECISION: Appeal allowed. (see orders at [40])

CATCHWORDS: PROCEDURE - Application of Civil Liability Act 2002 as amended by the Civil Liability Amendment (Personal Responsibility) Act 2002 to re-trial. - LIABILITY AND DAMAGES - Appellant unsuccessfully sought damages when he caught his foot in raised concrete lip and fell while carrying a ladder in a driveway between two blocks of flats - Whether risk reasonably foreseeable - duty of care of occupier to invitee on domestic site for occupier's benefit as compared to highway authority's duty of care to pedestrian - whether new trial should be ordered because of failure by trial judge to disclose process of reasoning.

Civil Liability Act 2002 as amended by the Civil Liability Amendment (Personal Responsibility) Act 2002 LEGISLATION CITED: District Court Rules Pt 8 r11(3) Suitors' Fund Act, 1951

Bathurst City Council v Cheesman [2004] NSWCA 308 Brodie v Singleton Shire Council; Ghantous v Hawkesbury City Council (2001) 206 CLR 512 Buckle v Bayswater Road Board (1936) 57 CLR 259 Hastings Council v Giese [2003] NSWCA 178 Peakhurst v Fox & Ors [2004] NSWCA 74 CASES CITED: Phillis v Daly (1988) 15 NSWLR 65 Richmond Valley Council v Standing (2002) NSWCA 359 Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431 Turnbull v Alm & Anor [2004] NSWCA 173 Wyong Shire Council v Shirt (1980) 146 CLR 40