NSW Caselaw
Appeal Outcome: Special leave application dismissed with costs by the High Court 5 June 2009 (S581/2008)
New South Wales Court of Appeal
CITATION: Jandson Pty Ltd v Welsh [2008] NSWCA 317
HEARING DATE(S): 28 October 2008
JUDGMENT DATE: 3 December 2008
JUDGMENT OF: Giles JA at 1; Macfarlan JA at 2; Hammerschlag J at 68
DECISION: (By majority) Appeal dismissed with costs.
CATCHWORDS: TORTS - negligence - duty of care - occupier of display home - invitee injured after not noticing steps - foreseeability of injury - DAMAGES - whether redundancy payment to be credited against damages
CATEGORY: Principal judgment
Bankstown Foundry Pty Ltd v Braistina [1986] HCA 20; (1986) 160 CLR 301 Clay v Freda (Supreme Court of South Australia King CJ, Mohr and Millhouse JJ 1 July 1988, unreported) Hall v Cramer [2003] ACTSC 112; (2004) 40 MVR 477 CASES CITED: Jones v Bartlett [2000] HCA 56; (2000) 205 CLR 166 Neindorf v Junkovic [2005] HCA 75; (2005) 80 ALJR 341 Owners of Strata Plan 63477 v Ross [2005] NSWCA 162 Wall and Lambe v Wall (1998) 201 LSJS 164
TEXTS CITED: H Luntz, Assessment of Damages for Personal Injury and Death, 4th ed (2002) Butterworths
PARTIES: Jandson Pty Ltd (Appellant) Judith Carol Welsh (Respondent)
FILE NUMBER(S): CA 40077/08
COUNSEL: L King SC/D Priestley (Appellant) S Norton SC/M Fraser (Respondent)
SOLICITORS: Thompson Cooper Lawyers (Appellant) Brydens Compensation Lawyers (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 5400/06
LOWER COURT JUDICIAL OFFICER: Ashford DCJ
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