NSW Caselaw
New South Wales Court of Appeal
CITATION: Harris v Woolworths Ltd [2010] NSWCA 312
HEARING DATE(S): 11 November 2010
JUDGMENT DATE: 11 November 2010
JUDGMENT OF: Hodgson JA at [1], [41]; Campbell JA at [39]; Young JA at [40]
EX TEMPORE JUDGMENT DATE: 11 November 2010
DECISION: Appeal dismissed with costs. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
CATCHWORDS: TORT – Negligence – Slip by plaintiff in defendant's store – Whether error by primary judge in not being satisfied that there was liquid on the floor, or as to causation.
LEGISLATION CITED: Civil Liability Act 2002 ss 5D and 5E
CATEGORY: Principal judgment
Brady v Girvan Bros Pty Ltd (1986) 7 NSWLR 241 Drakos v Woolworths (South Australia) Limited (1991) 56 SASR 431 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Franklins Limited v Brown [2000] NSWCA 177 CASES CITED: Harris v Woolworths Ltd [2010] NSWSC 25 Kocis v SE Dickens Pty Ltd t/as Coles New World Supermarket [1998] 3 VR 408 Mifsud v Campbell (1991) 21 NSWLR 725 Rose v Abbey Orchard Property Investments Pty Ltd (1987) Aust Torts Report 80-121 Shoeys Pty Limited v Allan (1991) ATR 81-104 Woolworths Limited v Strong [2010] NSWCA 282
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