NSW Caselaw
New South Wales Court of Appeal
CITATION: Thorley v GIO Australia Ltd and AMP Services Ltd [2005] NSWCA 209
HEARING DATE(S): 08/04/05
JUDGMENT DATE: 27 June 2005
JUDGMENT OF: Hodgson JA at 1; Stein AJA at 2; Campbell AJA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: Negligence - employee injured removing computer from car boot - failure to make risk assessment - failure to instruct - foreseeability - Shirt calculus - conduct of trial - adequacy of reasons.
Wyong Shire Council v Shirt (1980) 146 CLR Maviglia v Maviglia [1999] NSWCA 188 Andar Transport Pty Ltd v Brambles Ltd [2004] HCA 28 CASES CITED: Romeo v Conservation Commission of The Northern Territory [1998] 192 CLR 431 Tame v The State of New South Wales [2002] 211 CLR 317 Misfud v Campbell (1991) 21 NSWLR 725
Jane Thorley - Appellant PARTIES: GIO Australia Ltd - First Respondent AMP Services Ltd - Second Respondent
FILE NUMBER(S): CA 40275/04
Miss S Norton SC with Mr P N Khandhar - Appellant COUNSEL: Mr A C A Bridge SC with Mr W P Y Austron - Respondents
Bryden's Law Office - Appellant SOLICITORS: Hicksons - Respondents
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 6759/02
LOWER COURT JUDICIAL OFFICER: Quirk DCJ
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA40275/04 DC 6759/02
HODGSON JA STEIN AJA M W CAMPBELL AJA
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