NSW Caselaw
New South Wales Court of Appeal
CITATION: Sullivan v Stefanidi [2009] NSWCA 313
HEARING DATE(S): 18 September 2009
JUDGMENT DATE: 2 October 2009
JUDGMENT OF: Ipp JA at 1; Basten JA at 2; Macfarlan JA at 18
DECISION: The appeal is dismissed with costs.
CATCHWORDS: TORTS - negligence - driver of semitrailer from which fuel leaked on to road held negligent in not stopping to check vehicle after hearing and feeling impact of rock or other object - obligation to give warning over two-way radio - causation issues considered
Civil Liability Act 2002 (NSW) LEGISLATION CITED: Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
CATEGORY: Principal judgment
Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd [1976] HCA 62; 135 CLR 616 Imbree v McNeilly [2008] HCA 40; 236 CLR 510. CASES CITED: Suttor v Gundowda Pty Ltd [1950] HCA 35; 81 CLR 418 Turnbull v New South Wales Medical Board [1976] 2 NSWLR 281 Wyong Shire Council v Shirt [1980] HCA 12; (1979-1980) 146 CLR 40
PARTIES: Timothy Sullivan (Appellant) Yuri Stefanidi (Respondent)
FILE NUMBER(S): CA 40404/08
COUNSEL: P Deakin QC/J Turnbull (Appellant) M J Cranitch SC/A Campbell (Respondent)
SOLICITORS: Carroll & O'Dea (Appellant) Gerard Malouf & Partners (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC1831/06
LOWER COURT JUDICIAL OFFICER: McLoughlin DCJ
LOWER COURT DATE OF DECISION: 29 August 2008
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40404/08 DC 1831/06
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