NSW Caselaw
New South Wales Court of Appeal
CITATION: DOUBLEDAY & ANOR v. KELLY [2005] NSWCA 151
HEARING DATE(S): 19/04/2005
JUDGMENT DATE: 12 May 2005
JUDGMENT OF: Bryson JA at 1; Young CJ in Eq at 39; Hunt AJA at 40
DECISION: Appeal allowed. Damages varied to $64,000. Each party to pay own costs. See [38]
CATCHWORDS: NEGLIGENCE - Occupier - guest child aged 7 injured on trampoline which was accessible while children were without adult supervision - consideration of - foreseeability - breach in not preventing children from going to trampoline while unsupervised - reasonable response to foreseen risks to children in home and in care of parents - contributory negligence of child of 7 (held, none) - Civil Liability Act 2002 re contributory negligence, assumption of risk, obvious risk. Finding of liability upheld. - DAMAGES - personal injury - non-economic loss - Civil Liability Act 2002 - percentage of most extreme case - loss of sensation in thumb and 2 fingers, numbness paraesthesia and weakness in R dominant hand - 28% of most extreme case set aside, 20% substituted.
LEGISLATION CITED: Civil Liability Act 2002
Commonwealth of Australia v. Introvigne (1982) 150 CLR 258 Wyong Shire Council v. Shirt (1980) 146 CLR 40 Thompson v. Woolworths (Queensland) Pty Ltd [2005] HCA 19 CASES CITED: Hahn v. Conley (1971) 126 CLR 276 Graham Barclay Oysters Pty Ltd v. Ryan (2002) 211 CLR 540 Joslyn v. Berryman (2003) 214 CLR 552 Penrith City Council v. Parks [2004] NSWCA 201
GEOFFREY DOUBLEDAY AND VICKY URQUHART – appellants PARTIES: BIANCA SIMONE KELLY – respondent
FILE NUMBER(S): CA 40313/2004
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