NSW Caselaw
New South Wales Court of Appeal
CITATION: Youkhana v Di Veroli [2010] NSWCA 322 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 19 November 2010
JUDGMENT DATE: 19 November 2010
JUDGMENT OF: Hodgson JA at [1], [49]; Tobias JA at [47]; Campbell JA at [48]
EX TEMPORE JUDGMENT DATE: 19 November 2010
DECISION: Appeal dismissed with costs. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
CATCHWORDS: TORT – Negligence – Plaintiff slips on stairs – Whether error by primary judge in not finding occupier negligent.
LEGISLATION CITED: Civil Liability Act 2002 ss 5B and 5C
CATEGORY: Principal judgment
Commercial Union Assurance Co of Aust Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 CASES CITED: Jones v Dunkel [1959] HCA 8; (1958 – 1959) 101 CLR 298 Mifsud v Campbell (1991) 21 NSWLR 725 Youkhana v Di Veroli [2009] NSWSC 942
Lina YOUKHANA (appellant) Cesare DI VEROLI (first respondent) PARTIES: Lily DI VEROLI (second respondent) Alex DI VEROLI (third respondent) Esther Lynette DI VEROLI (fourth respondent)
FILE NUMBER(S): CA 2006/266917
COUNSEL: M DALEY (appellant) J SEXTON SC (1 – 4 respondents)
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