NSW Caselaw
Appeal Outcome: Special leave dismissed with costs by the High Court, 11 March 2010 s92/2009 [2010] HCASL 37
New South Wales Court of Appeal
CITATION: Weller v Bennett [2009] NSWCA 52 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 9 March 2009
JUDGMENT DATE: 17 March 2009
JUDGMENT OF: Beazley JA at 1; Ipp JA at 2; Sackville AJA at 3
DECISION: 1. Appeal dismissed. 2. Appellants to pay the respondents' costs of the appeal.
CATCHWORDS: TORTS - trespass - whether findings of trial Judge that there was no trespass should be set aside
CATEGORY: Principal judgment
Broadbent v Ramsbotham (1856) 11 Exch 602; 156 ER 971 CASES CITED: Chasemore v Richards (1859) 7 HLC 349; 11 ER 140 Xuereb v Viola [1990] Aust Torts Reports 81-012
Hugo Weller (first appellant) Erna Weller (second appellant) PARTIES: Kenneth Raymond Macmillan Bennett (first respondent) Pamela Denise Bennett (second respondent) Gregory Colin Buckett (third respondent)
FILE NUMBER(S): CA 40164 of 2008
COUNSEL: J J E Fernon SC/T J Boyd (appellants) T F Robertson SC/M B Boulton (respondents)
SOLICITORS: David John Hooper (appellants) Brock Partners (respondents)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 533 of 2007
LOWER COURT JUDICIAL OFFICER: Gibb DCJ
LOWER COURT DATE OF DECISION: 7 March 2008
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40164 of 2008
BEAZLEY JA IPP JA SACKVILLE AJA
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