THE PREMIER GROUP PTY LTD v LIPPIS [2007] NSWCA 36

New South Wales Court of Appeal

CITATION: THE PREMIER GROUP PTY LTD v LIPPIS [2007] NSWCA 36 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 15/02/07

JUDGMENT DATE: 15 February 2007

JUDGMENT OF: Mason P at 24,29; Ipp JA at 1; Basten JA at 27

EX TEMPORE JUDGMENT DATE: 15 February 2007

DECISION: Appeal dismissed with costs.

CATCHWORDS: TORTS – NEGLIGENCE – LIABILITY – whether trial judge incorrect in finding that the appellant was negligent in not replacing an open grate in a drain into which the respondent accidentally placed his foot and subsequently tripped and fell - TORTS – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – apportionment – whether the negligent contribution of the respondent determined by the trial judge was too low - DAMAGES – quantification – whether trial judge took into account pre-existing conditions of the respondent that affected both the award for general damages and past and future economic loss

Fox v Percy (2003) 214 CLR 118 CASES CITED: Goodrich Aerospace Pty Limited v Arsic [2006] NSWCA 187 Malec v J C Hutton Pty Limited (1990) 169 CLR 638 Seltsam Pty Limited v Ghaleb [2005] NSWCA 208

PARTIES: The Premier Group Pty Ltd (Appellant) Anthony Lippis (Respondent)

FILE NUMBER(S): CA 40769/2006

COUNSEL: S.G. Campbell SC/A. Quinlivan (Appellant) S. Norton SC/E. Welsh (Respondent)

SOLICITORS: A R Conolly & Company (Appellant) Brydens (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 3706/2004

LOWER COURT JUDICIAL OFFICER: Truss DCJ