NSW Caselaw
New South Wales Court of Appeal
CITATION: Skoric v Meriton Apartments Pty Ltd [2008] NSWCA 239
HEARING DATE(S): 22 September 2008 JUDGMENT OF: Young CJ in Eq at 1-27, 31; Campbell JA at 28, 30, 32, 34; Handley AJA at 29, 33
EX TEMPORE JUDGMENT DATE: 22 September 2008
DECISION: The appeal is dismissed with costs.
CATCHWORDS: TORTS- Occupiers liability- Respondents as occupiers of building site- Appellant worker suffered serious injuries walking down a stairwell carrying a heavy trolley- At first instance focus on safety of stairs- Primary judge finds no fault with stairs- Pleadings faintly suggest that respondents are negligent in not providing lift services and co-ordinating movements of materials- Primary judge disposing of such allegation in few words- Held no error but even had that case been fully considered, there was insufficient material to demonstrate the liability of the respondents.
Djordje Skoric (A) PARTIES: Meriton Apartments Pty Ltd (R1) Karimbla Construction Services Pty Ltd (R2)
FILE NUMBER(S): CA 40410/07
COUNSEL: B Toomey QC and S Maybury (A) L King SC and W Reynolds (R)
SOLICITORS: Albert A Macri Partners (A) McCabe Terrill Lawyers (R)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 86/2005
LOWER COURT JUDICIAL OFFICER: Delaney DCJ
LOWER COURT DATE OF DECISION: 6 March 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40410/07 DC 86/05
CAMPBELL JA YOUNG CJ in EQ HANDLEY AJA
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