State Rail Authority of New South Wales v Chu [2008] NSWCA 14

New South Wales Court of Appeal

CITATION: State Rail Authority of New South Wales v Chu [2008] NSWCA 14

HEARING DATE(S): 4 February 2008

JUDGMENT DATE: 6 March 2008

JUDGMENT OF: Hodgson JA at 1; Bell JA at 2; Mathews AJ at 3

1. Appeal allowed in part. DECISION: 2. Cross-appeal allowed in part. 3. Verdict of $217,324.00 substituted for the verdict of $239,405.00, to take effect as at 4 April 2007. 4. Appellant to pay 90% of the costs of the respondent of the appeal and cross-appeal, and the respondent to have a certificate under the Suitors' Fund Act in respect of the balance of her own costs.

CATCHWORDS: Appeal - negligence - contributory negligence - damages - whether subsequent sexual assault compensable by defendant - novus actus interveniens - damages recalculated in part

LEGISLATION CITED: Civil Liability Act 2002 Suitors' Fund Act 1951

Jones v Dunkel (1959) 101 CLR 298 Green v Hanson Construction Material Pty Limited [2007] QCA 260 CASES CITED: Mahony v J Kruschich (Demolitions) Proprietary Limited and Another (1985) 156 CLR 522 M'Kew v Holland & Hannen Cubitts 1970 SC (HL) 20 Bennett v Minister of Community Welfare (1992) 176 CLR 408 Modbury Triangle Shopping Centre Pty Ltd v Anzil (2000) 176 ALR 411

PARTIES: State Rail Authority of New South Wales (Appellant) Yu-Mei Chu (Respondent)

FILE NUMBER(S): CA 40235/07

COUNSEL: M Williams SC (Appellant) S Norton SC/M Fraser (Respondent)

SOLICITORS: Gillis Delaney Lawyers (Appellant) Accentro Legal (Respondent)