TWEED SHIRE COUNCIL v HANCOMATIC MUSIC PTY LTD & ANOR HANCOMATIC MUSIC PTY LTD v LETITIA HANCOCK HANCOMATIC MUSIC PTY LTD v ANTHONY RICHARD HANCOCKHANCOMATIC MUSIC PTY LTD v LUKE HANCOCK bnf ANTHONY HANCOCK [2007] NSWCA 350

Reported Decision: (2007) Aust Torts Reports 81-922

New South Wales Court of Appeal

CITATION: TWEED SHIRE COUNCIL v HANCOMATIC MUSIC PTY LTD & ANOR HANCOMATIC MUSIC PTY LTD v LETITIA HANCOCK HANCOMATIC MUSIC PTY LTD v ANTHONY RICHARD HANCOCKHANCOMATIC MUSIC PTY LTD v LUKE HANCOCK bnf ANTHONY HANCOCK [2007] NSWCA 350

HEARING DATE(S): 22, 23 and 24 May 2007

JUDGMENT DATE: 6 December 2007

JUDGMENT OF: Mason P at 1; McColl JA at 1; Bell J at 1

DECISION: Uphold all appeals.

CATCHWORDS: APPEAL AND NEW TRIAL – Appeal - general principles – interference with judge's findings of fact – functions of appellate court – findings on issue of negligence – generally – whether safety glass was required to be installed by Ordinance and/or Australian Standard – where trial judge found construction of sliding glass door to be after Ordinance and/or Australian Standard came into existence – finding of fact overturned on appeal - TORTS – Negligence – essentials of action for negligence – duty of care – miscellaneous cases – owner of premises – partly commercial premises – motel and reception – sliding glass door to reception made of annealed glass – child ran into sliding door – child was son and brother of plaintiffs – whether there was a failure to construct building in accordance with Ordinance and/or Australian Standard – building found to be constructed before Ordinance and/or Australian Standard came into effect – relevance of Ordinance and/or Australian Standard to negligence - TORTS – Negligence – essentials of action for negligence – duty of care – miscellaneous cases – where council gave approval for building – whether council had a duty to advise or require plaintiffs' and owners' compliance with Ordinance – Local Government Act 1919, s 310, s 314 - TORTS – Negligence – essentials of action for negligence – duty of care – miscellaneous cases – whether owner under a duty conduct a safety audit when renovations carried out – duty is not so specific – duty is to take reasonable care in the circumstances – where no knowledge of dangers of annealed glass – where annealed glass not a dangerous defect