NSW Caselaw
New South Wales Court of Appeal
CITATION: State of New South Wales v Williamson [2005] NSWCA 352
HEARING DATE(S): 8 September 2005
JUDGMENT DATE: 13 October 2005
JUDGMENT OF: Santow JA at 1; Basten JA at 2; Simpson J at 40
DECISION: Appeal dismissed with costs.
CATCHWORDS: NEGLIGENCE - police officer trips on pothole in driveway of police station on the way to police car - driveway in poor condition - whether different test because the employer was the State of New South Wales - whether budgetary constraints precluded finding of negligence - whether police officer guilty of contributory negligence
Crown Proceedings Act 1988 (NSW) LEGISLATION CITED: Occupational Health and Safety Act 1973 (NSW) Police Service Act 1990 (NSW)
Brodie v Singleton Shire Council (2001) 206 CLR 512 Commissioner of Police v Estate of Russell (2002) 55 NSWLR 232 Crimmins v Stevedoring Industry Finance Committee (1999) 200 CLR 1 Jarratt v Commissioner of Police (NSW) (2002) 56 NSWLR 72 Jarratt v Commissioner of Police (NSW) [2005] HCA 50 CASES CITED: Kondis v State Transport Authority (1984) 154 CLR 672 Konrad v Victoria (1999) 91 FCR 95 McLean v Tedman (1984) 155 CLR 306 Police Service of New South Wales v Honeysett (2001) 53 NSWLR 592 Pyrenees Shire Council v Day (1998) 192 CLR 330 Wyong Shire Council v Shirt (1980) 146 CLR 40
State of New South Wales (Appellant) PARTIES: Daniel Jon Williamson (Respondent)
FILE NUMBER(S): CA 41182/04
M. Neil QC/G. Giagios (Appellant) COUNSEL: M. Bozic SC/R. Ingram (Respondent)
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