NSW Caselaw
Appeal Outcome: Leave application referred to the Full Court - 13 June 2008; Appeal allowed - 16 October 2008 - Lujans v Yarrabee Coal Company Pty Ltd [2008] HCA 51
New South Wales Court of Appeal
CITATION: Yarrabee Coal Co Pty Ltd v Matina Lujans [2007] NSWCA 342
HEARING DATE(S): 27/6/07, 28/6/07, 29/6/07
JUDGMENT DATE: 4 December 2007
JUDGMENT OF: Ipp JA at 1; McColl JA at 2; Handley AJA at 3
DECISION: 1. Appeal allowed with costs; 2. Judgment for the plaintiff for $8,759,510.55 and costs set aside; 3. In lieu thereof there should be judgment for the defendants in the action with costs; 4. The respondent is to have a certificate under the Suitors' Fund Act 1951 for the costs of the appeal.
CATCHWORDS: APPEAL - Findings inconsistent with incontrovertible facts and compelling inferences - NEGLIGENGE - Road accident - Motor vehicle runs off road - Accident - Evidence of negligence - Res ipsa loquitur
LEGISLATION CITED: Suitors' Fund Act 1951
Davis v Bunn (1936) 56 CLR 246 CASES CITED: Fox v Percy (2003) 214 CLR 118 Government Insurance Office of NSW v Fredrichberg (1968) 118 CLR 403
Yarrabee Coal Company Pty Ltd (ACN 010 849 402) (First Appellant) PARTIES: Jalgrid Pty Ltd (ACN 010 398 428) (Second Appellant) Matina Luise Lujans (Respondent)
FILE NUMBER(S): CA 40089/07
COUNSEL: CT Barry QC with J Davidson (Appellants) B Toomey QC with A Bartley SC and S Longhurst (Respondent)
SOLICITORS: McCabe Terrill Lawyers (Appellants) Russell McLelland Brown (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 20785/01
LOWER COURT JUDICIAL OFFICER: Cooper AJ
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