Gaskell v Denkas Building Services Pty Limited [2008] NSWCA 35

New South Wales Court of Appeal

CITATION: Gaskell v Denkas Building Services Pty Limited [2008] NSWCA 35

HEARING DATE(S): 29/02/2008

JUDGMENT DATE: 20 March 2008

JUDGMENT OF: Hodgson JA at 1; Basten JA at 2; Bryson AJA at 3

DECISION: Appeal dismissed with costs.

CATCHWORDS: EVIDENCE - occupiers liability - tenant of office suite injured in slip and fall in toilet, common area in office building - tenant alleged he had earlier informed director of building owner of repeated pooling of water - adverse inference based on failure of occupier to call director - Trial Judge accepted evidence of other witnesses denying complaints to them and declined to draw adverse inference although recognized that it was available - Held, no error. - COURTS and JUDGES - delay in giving judgment - reserved 29 July 2005, published 23 June 2006 - no expressed reliance on demeanour - on review of reasons in judgment, no ground for fearing that a grasp of the evidence has been lost or that conclusions have been hurried or poorly considered.

LEGISLATION CITED: Civil Liability Act 2002 Conveyancing Act 1919 s 127

Hadid v Redpath [2001] 35 MVR 152 Jones v Bartlett [2002] HCA 56, 205 CLR 166 Jones v Dunkel (1959) 101 CLR 298 CASES CITED: Krivoshev v Royal Society of the Prevention of Cruelty to Animals Inc. [2005] NSWCA 76 Manly Council v Byrne [2004] NSWCA 123 Monie v Commonwealth of Australia [2005] NSWCA 25 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 77 Expectation Pty Ltd v PRD Realty Pty Ltd & Anor [2004] FCAFC 189

David Anthony Gaskell - Appellant PARTIES: Denkas Building Services Pty Ltd - 1st Respondent Harding Rogers & Associates Pty Ltd t/as Richardson & Wrench - 3rd Respondent