NSW Caselaw
New South Wales Court of Appeal
CITATION: Le v Rawson [2009] NSWCA 332
HEARING DATE(S): 1 June 2009
JUDGMENT DATE: 15 October 2009
JUDGMENT OF: Beazley JA at [1]; Hodgson JA at [2]; Young JA at [3]
DECISION: Appeal dismissed with costs.
CATCHWORDS: TORTS - negligence- dangerous premises- rental property- failure of appellant landlord to take reasonable steps to fix/replace missing balcony struts- respondent tenant fell from balcony suffering personal injury- negligent act was the missing struts not a slip and fall case. - TORTS - negligence- general matters- causation- factual findings- conflicting evidence as to whether respondent left balcony intentionally- whether trial judge erred in rejecting particular evidence and finding that respondent fell. - TORTS - negligence- general matters- causation- whether findings sufficient to establish causation where no evidence as to how or why the respondent was directed through the gap left by missing struts.
LEGISLATION CITED: Civil Liability Act 2002, s 5R Uniform Civil Procedure Rules 2005, Part 51.36
CATEGORY: Principal judgment
Gett v Tabett [2009] NSWCA 76 CASES CITED: Harris v Perry [2009] 1 WLR 19 Jones v Bartlett [2000] HCA 56; 205 CLR 166
PARTIES: Hoa Anh Thi Le (Appellant) Debra Rawson (Respondent)
FILE NUMBER(S): CA 40237/08
COUNSEL: J E Maconachie QC and S Gray (Appellant) P Webb QC, G Hickey and H Maarraoui (Respondent)
SOLICITORS: HWL Ebsworth (Appellant) Keddies Litigation Lawyers (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 4849/05
LOWER COURT JUDICIAL OFFICER: McLoughlin DCJ
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