NSW Caselaw
New South Wales Supreme Court
CITATION : Butler v Mitchell & Anor [2006] NSWSC 197 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 05/09/2005, 06/09/2005, 07/09/2005, 08/09/2005, 20/02/2006, 21/02/2006, 22/02/2006, 23/02/2006
JUDGMENT DATE : 29 March 2006
JUDGMENT OF : Hoeben J at 1
DECISION : Judgment in favour of the plaintiff in the sum of $578,514.40; Costs reserved.
CATCHWORDS : Tort - Negligence - What was a reasonable response by lessors to location of pump - Lessors' duty of care to lessee - one acre rural property - pump located in dangerous location - whether location of pump constituted defect - whether content of duty of care required lessors to move pump to avoid foreseeable risk of injury - damages - claims for gratuitous attendant care and future economic loss sections 13 and 15 Civil Liability Act 2002.
LEGISLATION CITED : Civil Liability Act 2002
Ahluwalia v Robinson [2003] NSWCA 175 Husher v Husher (1999) 197 CLR 138 CASES CITED : Jones v Bartlett and Another (2000) 205 CLR 166 March v E and MA Stramare Pty Ltd (1991) 171 CLR 506 Sakoua v Williams [2005] NSWCA 405 Wyong Shire Council v Shirt (1980) 146 CLR 40
Adam Charles Butler - Plaintiff PARTIES : Raymond Mitchell - First Defendant Eileen Mitchell - Second Defendant
FILE NUMBER(S) : SC 20142/2003
COUNSEL : Mr I Wales SC - Plaintiff Mr G Gregg - 1st and 2nd Defendants
SOLICITORS : Lough Wells Duncan - Plaintiff Ebsworth & Ebsworth - 1st and 2nd Defendants
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