PRESTIGE PROPERTY SERVICES PTY LTD v CHOI & ANOR [2007] NSWCA 363

New South Wales Court of Appeal

CITATION: PRESTIGE PROPERTY SERVICES PTY LTD v CHOI & ANOR [2007] NSWCA 363

HEARING DATE(S): 26, 27 November 2007

JUDGMENT DATE: 27 November 2007

JUDGMENT OF: Mason P at 1; Hodgson JA at 76; Handley AJA at 77

EX TEMPORE JUDGMENT DATE: 27 November 2007

DECISION: Appeal dismissed with costs

CATCHWORDS: EVIDENCE – Admissibility and relevancy – opinion evidence – expert opinion – in general – whether failure to consider expert evidence – whether failure to give reasons rejecting evidence – joint report of experts – evidence given by experts on contractual construction – where opinion outside experts' field of expertise – where problems with the evidence addressed when trial judge admitted the evidence - TORTS – Negligence – liability for others' negligence – independent contractors – delegable duty – council and independent contractor – duty to remove dangerous branches from trees – whether duty was 'wholly' delegated - TORTS – Negligence – essentials of action for negligence – duty of care – miscellaneous cases – scope and existence of duty – duty to remove dangerous branches from trees – duty arose from contract – whether duty confined to dangerous branches that are visible from ground level – dangerous branches meant those that were detectable upon reasonable inspection – duty not limited to inspection from ground

PRESTIGE PROPERTY SERVICES PTY LTD PARTIES: YUN HEE CHOI CITY OF SYDNEY COUNCIL

FILE NUMBER(S): CA 40119/2007

D Nock SC/ J Downing (Appellants) COUNSEL: M B Williams SC (1st Respondent) P Menzies QC/ J Steward (2nd Respondent)

Ebsworth & Ebsworth (Appellant) SOLICITORS: Gaitanis Lawyers (1st Respondent) McCulloch & buggy (2nd Respondent)