Martin v. The Trustees of the Roman Catholic Church of the Archdiocese of Sydney [2006] NSWCA 132

New South Wales Court of Appeal

CITATION: Martin v. The Trustees of the Roman Catholic Church of the Archdiocese of Sydney [2006] NSWCA 132

HEARING DATE(S): 16 May 2006

JUDGMENT DATE: 29 May 2006

JUDGMENT OF: Giles JA at 1; Hodgson JA at 12; Ipp JA

DECISION: 1. Appeal allowed. 2. Judgment below set aside. 3. In lieu thereof, judgment for the appellant in the sum of $80,519.10, to take effect as from 1 June 2005. 4. Respondent to pay appellant's costs of the proceedings. 5. Respondent to pay appellant's costs of the appeal, and to have a Suitors' Fund certificate if otherwise eligible.

CATCHWORDS: TORT - NEGLIGENCE - Schoolgirl injured on a school excursion when she slipped and fell from a 3.8 metre high structure in an obstacle course - Whether reasonable precautions taken against risk of injury.

CASES CITED: The Trustees of the Roman Catholic Church for the Archdiocese of Sydney v. Kondrajian [2001] NSWCA 308 Wyong Shire Council v. Shirt (1980) 146 CLR 40

PARTIES: Daniella Martin - appellant The Trustees of the Roman Catholic Church of the Archdiocese of Sydney - respondent

FILE NUMBER(S): CA 40463/05

COUNSEL: Ms. S. Norton SC with Ms. E.E. Walsh for appellant Mr. I.G. Harrison SC with Mr. J.B. Turnbull for respondent

SOLICITORS: Brydens, Liverpool for appellant McCabe Terrill, Sydney for respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC4883/03

LOWER COURT JUDICIAL OFFICER: Boulton ADCJ

LOWER COURT DATE OF DECISION: 1 June 2005

LOWER COURT MEDIUM NEUTRAL CITATION: Not applicable

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40463/05 DC 4883/03