NSW Caselaw
New South Wales Court of Appeal
CITATION: Sydney Harbour Foreshore Authority & Anor v Perrett & Anor [2010] NSWCA 160
HEARING DATE(S): 08/07/2010
JUDGMENT DATE: 23 September 2010
JUDGMENT OF: Tobias JA at 1; McColl JA at 2; Handley AJA at 3
EX TEMPORE JUDGMENT DATE: 2 September 2010
DECISION: Appeal dismissed with costs.
CATCHWORDS: NEGLIGENCE – Occupier's liability – breach of duty – risk not obvious – no question of principle. - OCCUPIER'S LIABILITY – breach of duty – risk not obvious – no question of principle.
LEGISLATION CITED: Civil Liability Act 2002 Workers Compensation Act 1987, s 151Z(1)(d)
CATEGORY: Principal judgment
Angel v Hawkesbury City Council [2008] NSWCA 130 CASES CITED: Carey v Lake Macquarie City Council [2007] NSWCA 4 Wyong Shire Council v Shirt [1980] HCA 12; 146 CLR 40
Sydney Harbour Foreshore Authority - First Appellant PARTIES: Darling Harbour Convention and Exhibition Pty Ltd - Second Appellant Ian Douglas Perrett - First Respondent Wine & Vine Personnel Pty Ltd - Second Respondent
FILE NUMBER(S): CA 08/289604
CT Barry QC with G Doherty - Appellant COUNSEL: BW Rayment QC with JC Rowe - First Respondent SG Campbell SC with MJ Jenkins - Second Respondent
HWL Ebsworth - Appellants SOLICITORS: Miller Noyce - First Respondent Turks Legal - Second Respondent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 20429/06 & 20528/08
LOWER COURT JUDICIAL OFFICER: McCallum J
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