NSW Caselaw
New South Wales Court of Appeal
CITATION: Action Paintball v Clarke [2005] NSWCA 170
HEARING DATE(S): Friday, 6 May 2005
JUDGMENT DATE: 25 May 2005
JUDGMENT OF: Handley JA at 1; Tobias JA at 2; Basten JA at 3
DECISION: The appeal should be allowed, the judgment of the District Court set aside and judgment entered in favour of the Appellant. The Respondent should pay the costs of the Appellant in this Court and in the Court below, but in respect of the former to have a certificate under the Suitor's Fund Act, 1951, if otherwise qualified.
CATCHWORDS: NEGLIGENCE - duty of care owed to player in paintball game - whether evidence sufficient to establish breach of duty of care - whether evidence sufficient to establish causation - TRADE PRACTICES - whether breach of section 74(1) of the Trade Practices Act 1974 - implied warranty that materials supplied are fit for their purpose - whether evidence sufficient to find materials supplied for paintball game not fit for their purpose - whether evidence sufficient to establish causation
Trade Practices Act 1974 (Cth) LEGISLATION CITED: Suitor's Fund Act, 1951 (NSW)
Holloway v McFeeters (1956) 94 CLR 470 CASES CITED: Rootes v Shelton (1967) 116 CLR 383
Action Paintball Games Pty Ltd - Appellant PARTIES: Christopher Clarke - Respondent
FILE NUMBER(S): CA 40431/04
R. A. Cavanagh - Appellant COUNSEL: A. Lidden, M. Fraser - Respondent
Curwood & Partners - Appellant SOLICITORS: Brydens Law Office, Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 2413/02
LOWER COURT JUDICIAL OFFICER: McLoughlin J
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40431/04 DC 2413/02
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