NSW Caselaw
New South Wales Court of Appeal
CITATION: Penrith Rugby League Club Ltd trading as Cardiff Panthers v Elliot [2009] NSWCA 247
HEARING DATE(S): 31 July 2009
JUDGMENT DATE: 18 August 2009
JUDGMENT OF: Ipp JA at 1; Basten JA at 2; Sackville AJA at 3
(1) Allow the appeal and set aside the judgment and orders of the District Court made on 23 December 2008; (2) In place thereof: DECISION: (a) give judgment for the defendant, (b) order the plaintiff to pay the defendant's costs; (3) Order that the respondent pay the appellant's costs of the appeal; (4) Grant the respondent a certificate, if otherwise qualified, under the Suitors' Fund Act 1951 (NSW).
CATCHWORDS: TORTS – Negligence – Injuries to persons entering premises – Slip and fall in car park – Failure of external floodlights – Whether breach of duty – Where primary judge found that duty existed to provide a system that ensured that lights operated at nightfall – Duty only existed to exercise reasonable care to provide adequate lighting – Consideration of precautions that would have been taken by a reasonable person to avoid the risk of failure of lighting – Requirement to consider factors in s 5B(2) of the Civil Liability Act – Causation
LEGISLATION CITED: Civil Liability Act 2002 (NSW)
CATEGORY: Principal judgment
CASES CITED: Rasic v Cruz [2000] NSWCA 66 Waverley Council v Ferreira [2005] NSWCA 418; (2005) Aust Torts Reports 81-818
TEXTS CITED: D Villa, Annotated Civil Liability Act 2002 (NSW) (2004) Law Book Co
PARTIES: Penrith Rugby League Club Ltd t/as Cardiff Panthers (Appellant) Yvonne Marie Elliot (Respondent)
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