Dean v Stockland Property Management Pty Limited & Anor [2010] NSWCA 66

New South Wales Court of Appeal

CITATION: Dean v Stockland Property Management Pty Limited & Anor [2010] NSWCA 66

HEARING DATE(S): 30/03/10

JUDGMENT DATE: 13 April 2010

JUDGMENT OF: Giles JA at 1; Handley AJA at 2; Whealy J at 3

DECISION: 1. Appeal allowed. 2. Set aside the order directing the entry of a verdict for the first and second defendants against the plaintiff. 3. Set aside the order dismissing the cross-claim by the first respondent against the second respondent. 4. Remit the proceedings to the District Court of New South Wales for a new trial on all issues. 5. Costs of the first trial to abide the events of the second trial. 6. The respondents are to pay the appellant's costs of the appeal and to have a Certificate under the Suitor's Fund Act 1951 if otherwise entitled.

CATCHWORDS: Appeal - Slip and fall accident in shopping centre - Ex-tempore judgment - Whether failure to give reaons for decision - Failure to consider points in issue - Failure to analyse inconsistencies - Inadequate reasons - Whether new trial should be ordered.

Civil Liability Act 2002 LEGISLATION CITED: Evidence Act 1995 (NSW) Suitor's Fund Act 1951

CATEGORY: Principal judgment

Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 Mifsud v Campbell (1991) 21 NSWLR 725 (at 728) Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 (at 444) per Meagher JA CASES CITED: Moylan v Nutrasweet Company [2000] NSWCA 337 per Sheller JA (Beazley and Giles JJA agreeing) Sun Alliance Insurance Limited v Massoud (1989) VR 8 (at 18 per Grey J) Waterways Authority v Fitzgibbon; Mosman Municiapl Council v Fitzgibbon; Middle Harbour Yacht Club v Fitzgibbon [2005] HCA 57; [2005] 79 ALJR 1816 [at 130] - [131] per Hayne J Najdovski v Crnojlovic [2008] NSWCA 175 [at 21] per Basten J