NSW Caselaw
New South Wales Court of Appeal
CITATION: Warren v Gittoes [2009] NSWCA 24
HEARING DATE(S): 12 February 2009
JUDGMENT DATE: 27 February 2009
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 7; Macfarlan JA at 67
DECISION: Appeal dismissed with costs
CATCHWORDS: TORTS – negligence – essentials of action for negligence – damage – causation –appellant's injury due to collision with fence – respondents failed to erect sign warning of fence – whether respondents' breach of duty caused injury in circumstances where appellant saw the fence before he would have had an appropriate sign been erected - EVIDENCE – interpretation of photographs
LEGISLATION CITED: N/A
CATEGORY: Principal judgment
Angel v Hawkesbury City Council [2008] NSWCA 130 Bennett v Minister of Community Welfare [1992] HCA 27; (1992) 176 CLR 408 Blacktown City Council v Hocking [2008] NSWCA 144 CASES CITED: Flounders v Millar [2007] NSWCA 238 March v Stramare (E & MH) Pty Ltd [1991] HCA 12; (1991) 171 CLR 506 Naxakis v Western General Hospital [1999] HCA 22; (1999) 197 CLR 269 TC by his tutor Sabatino v The State of New South Wales [2001] NSWCA 380
Wayne Frederick Warren PARTIES: Robert James Gittoes Mary May Gittoes
FILE NUMBER(S): CA 40762/07
COUNSEL: A: H N Kelly SC / T McKenzie R: A Black
SOLICITORS: A: Graham Jones Lawyers, Sydney R: Garden & Montgomerie Solicitors, Cowra
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 4/05 (Orange)
LOWER COURT JUDICIAL OFFICER: Truss DCJ
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