NSW Caselaw
New South Wales Court of Appeal
CITATION: KINNELL v CONNELLY & ANOR [2007] NSWCA 17
HEARING DATE(S): 8 February 2007
JUDGMENT DATE: 8 February 2007
JUDGMENT OF: Mason P at 1; Bryson JA at 43; Gzell J at 47
EX TEMPORE JUDGMENT DATE: 8 February 2007
DECISION: Appeal dismissed with costs.
CATCHWORDS: NEGLIGENCE – essentials of cause of action – breach of duty of care – slip and fall – entering house – adjustment of latch or spring device on door – where familiarity with door through extended use. - EVIDENCE – Credibility and weight – alleged admission – denial of admission. - APPEAL AND NEW TRIAL – general principles – when court will intervene – credibility finding – error going to matter at issue in trial – mere presence of error – process error – whether findings on mechanics of fall based on credibility taint finding of negligence.
Jones v Dunkell (1959) 101 CLR 298 CASES CITED: Fox v Percy (2003) 214 CLR 118 Rosenberg v Percival (2001) 205 CLR 434
Debbie KINNELL PARTIES: Christopher CONNELLY Dell CONNELLY
FILE NUMBER(S): CA 40185/2006
COUNSEL: Appellant: S Norton SC/ M Fraser Respondents: D P O'Donnell
SOLICITORS: Appellant: Brydens Law Office Respondents: Sparke Helmore
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 1661/2005
LOWER COURT JUDICIAL OFFICER: Naughton DCJ
LOWER COURT DATE OF DECISION: 8 March 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40185/06 DC 1661/2005
MASON P BRYSON JA GZELL J
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