Pollard v Wilson [2010] NSWCA 68

New South Wales Court of Appeal

CITATION: Pollard v Wilson [2010] NSWCA 68 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 17 November 2009

JUDGMENT DATE: 8 April 2010

JUDGMENT OF: Macfarlan JA at 1; Young JA at 2; McClellan CJ at CL at 3

DECISION: Appeal dismissed with costs.

CATCHWORDS: TORTS – Negligence – liability for others' negligence – agency – whether first respondent liable as principal for actions of husband or contractors with which she had no direct involvement – whether first respondent vicariously liable for actions of husband or contractors - TORTS – Negligence – causation - TORTS – Negligence – liability of second respondent – effect of failure to notify neighbouring residents of amended development plans – alleged failure to consider heritage impact in approving development application – whether Council obliged to supervise works not requiring Council approval – effect of failure to include tree on Significant Tree Register negligent - TORTS – Negligence – liability of second respondent – causation - PROCEDURE – Application to amend statement of claim – whether trial judge's refusal to allow application appropriate - PROCEDURE – Judges – application for disqualification – bias – whether trial judge's conduct during trial evidenced bias - PROCEDURE – Judgments and orders – obligation to provide reasons – whether trial judge's reasons adequate - EVIDENCE – Expert report – admissibility – whether expert provided appropriate factual basis for his opinions – effect of trial judge's failure to read entire report before ruling – whether appellants denied a proper hearing - DAMAGES – Quantum – whether approach of trial judge appropriate

LEGISLATION CITED: Evidence Act 1995 Civil Procedure Act 2005