NSW Caselaw
New South Wales Court of Appeal
CITATION: Alchin v Daley [2009] NSWCA 418
HEARING DATE(S): 10 December 2009
JUDGMENT DATE: 18 December 2009
JUDGMENT OF: McColl JA at 1; Young JA at 2; Sackville AJA at 3
1. Appeal allowed. 2. Set aside Orders 1 and 3 made by Sorby DCJ on 6 March 2009. DECISION: 3. Order that the matter be remitted to the District Court for a new trial. 4. The costs of the first trial to be determined by the District Court on the retrial. 5. The respondent pay the appellant's costs of the appeal. 6. The respondent, if otherwise qualified, to have a certificate under the Suitors' Fund Act 1951.
CATCHWORDS: REASONS - personal injuries claim - respondent trips over obstacle at night - action against licensee of hotel - whether primary judge gave adequate reasons for finding that the lighting was poor - whether primary judge erroneously inverted the burden of proof borne by the respondent.
Civil Liability Act 2002, s 16(1), s 16(3), s 50 LEGISLATION CITED: Civil Procedure Act 2005, s 56 Supreme Court Act 1970, s 75A(5), s 75A(6)(b), s 75A(10) Uniform Civil Procedure Rules 2005, r 51.53(1), r 51.53(2), r 51.53(5)
CATEGORY: Principal judgment
Folkes v Calabaro [2004] NSWCA 191 Goodrich Aerospace Pty Ltd v Arsic [2006] NSWCA 197; 66 NSWLR 186 Hare v Harmer [2009] NSWCA 68 CASES CITED: Parsons v Randwick Municipal Council [2003] NSWCA 171 Pollard v RRR Corporation [2009] NSWCA 110 Qushair v Raffoul [2009] NSWCA 329 Tory v Megna [2007] NSWCA 13 Waterways Authority v Fitzgibbon [2005] HCA 57; 79 ALJR 1816
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