NSW Caselaw
Appeal Outcome: Special leave application refused with costs by the High Court - 3 August 2007
New South Wales Court of Appeal
CITATION: WAGSTAFF v HASLAM & ANOR [2007] NSWCA 28 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 11 October 2006
JUDGMENT DATE: 26 February 2007
JUDGMENT OF: Santow JA at 1; Bryson JA at 3; Basten JA at 4
DECISION: (1) Uphold the cross-appeal and set aside the orders of the trial judge made on 21 April 2006; (2) In lieu thereof, enter judgment for the defendants with costs; (3) Dismiss the appeal against the assessment of damages; (4) Order the Appellant to pay the Respondent's costs of the appeal and the cross-appeal; (5) Grant the Appellant a certificate under the Suitors' Fund Act 1951 (NSW) with respect to the costs of the cross-appeal.
CATCHWORDS: NEGLIGENCE – duty of care – nature and content of duty owed by occupier of a hotel to its patrons – whether duty extends to protection against deliberate wrong doings of third parties - NEGLIGENCE – breach and causation – whether there was a breach of duty by the conduct of the bar manager – whether the breach caused the injury - PRACTICE AND PROCEDURE – inconsistent findings of liability between two plaintiffs in separate causes of action arising from the same incident.
Civil Liability Act 2002 (NSW) ss 3B 30 Liquor Act 1982 (NSW) LEGISLATION CITED: ss 2A 103 125 Liquor Ordinance 1975 (ACT) s79
Chordas v Bryant (Wellington) Pty Ltd (1988) 20 FCR 91 Cole v South Tweed Heads Rugby League Football Club Ltd (2004) 217 CLR 469 Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540 Hunter v Chief Constable of the West Midlands Police [1982] AC 529 Modbury Triangle Shopping Centre Pty Ltd v Anzil (2000) 205 CLR 254 Oxlade v Gosbridge Pty Ltd (unrep NSWCA CASES CITED: 18 December 1988) Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Public Transport Corporation v Sartori [1997] 1 VR 168 R v O'Connor (1980) 146 CLR 64 Rogers v The Queen (1994) 181 CLR 251 Scala v Mammolitti (1965) 114 CLR 153 Smith v Leurs (1945) 70 CLR 256 TAB Limited v Atlis [2004] NSWCA 322 G. Wagstaff v Haslam [2006] NSWSC 295
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