NSW Caselaw
Reported Decision : (2006) Aust Torts Reports 81-858
New South Wales Court of Appeal
CITATION: Perisher Blue Pty Ltd v Vidakovic [2006] NSWCA 234 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 21/08/06
JUDGMENT DATE: 21 September 2006
JUDGMENT OF: Beazley JA at 1; Ipp JA at 2; Tobias JA at 72
DECISION: (1) Appeal is upheld (2) The judgment and verdict of the trial judge is set aside (3) The respondent to pay the appellant's costs of the appeal (4) The matter is remitted to the District Court for retrial (5) The respondent to have a certificate under the Suitor's Fund Act 1951 (NSW) if otherwise qualified.
CATCHWORDS: NEGLIGENCE - respondent injured while riding on a T-bar ski lift - whether operator of ski resort negligent - rope connecting T-bar to spring-box snapped - whether an adequate system of inspecting for rope frays existed. - PRACTICE AND PROCEDURE - absence of findings of crucial primary facts by trial judge - errors in fact-finding - failure to give adequate reasons. ND
CASES CITED: Waterways Authority v Fitzgibbon (2005) 79 ALJR 1816
PARTIES: Perisher Blue Pty Ltd (Appellant) Ilija Vidakovic (Respondent)
FILE NUMBER(S): CA 40878/05
COUNSEL: P H Greenwood SC/P Biggins (Appellant) D Baran (Respondent)
SOLICITORS: Dibbs Abbott Stillman (Appellant) Petrovich Accident Lawyers (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 3116/04
LOWER COURT JUDICIAL OFFICER: Ashford DCJ
LOWER COURT DATE OF DECISION: 12/10/05
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40878/05 DC 3116/04
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