NSW Caselaw
New South Wales Court of Appeal
CITATION: JONES v DAPTO LEAGUES CLUB LIMITED [2008] NSWCA 32
HEARING DATE(S): 4 December 2007
JUDGMENT DATE: 18 March 2008
JUDGMENT OF: Mason P at 1; Beazley JA at 88; Bell JA at 89
DECISION: Appeal upheld
CATCHWORDS: APPEAL AND NEW TRIAL – Appeal – general principles – interference with judge's findings of fact – proof and evidence – other matters – where primary judge's findings inconsistent with own findings of fact and evidence - EVIDENCE – Burden of proof, presumptions and weight and sufficiency of evidence – uncontradicted evidence – where treating doctor's and expert's conclusions unchallenged – where rejected on inadequate grounds - NEGLIGENCE – Occupier's liability – dangerous premises – injuries to person entering premises – live open light socket at pub – electrocution of patron at pub – causation – damages
LEGISLATION CITED: Civil Liability Act 2002
CATEGORY: Principal judgment
PARTIES: Bryan JONES DAPTO LEAGUES CLUB LIMITED
FILE NUMBER(S): CA 40867/06
COUNSEL: Appellant: D Kennedy SC/ G Smith Respondent: M Maxwell
SOLICITORS: Appellant: Lough Wells Duncan - Wollongong Respondent: McCabe Terrill
LOWER COURT JURISDICTION: District Court - Wollongong
LOWER COURT FILE NUMBER(S): 37/05
LOWER COURT JUDICIAL OFFICER: Delaney DCJ
LOWER COURT DATE OF DECISION: 8 December 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40867/06
MASON P BEAZLEY JA BELL JA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate