Amanda's On The Edge Pty Ltd v Dries [2011] NSWCA 358

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Amanda's On The Edge Pty Ltd v Dries [2011] NSWCA 358 Hearing dates: 21 October 2011 Decision date: 24 November 2011 Before: Allsop P at 1 Beazley JA at 39 Giles JA at 40 Decision: Appeal dismissed with costs. [Note: 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: APPEAL - civil - fact finding - competing evidence - no error in approach of primary judge.

TORTS - negligence - intoxication - not proved that plaintiff intoxicated to extent that capacity to exercise reasonable care and skill impaired. Legislation Cited: Civil Liability Act 2002 (NSW), ss 49 and 50 Category: Principal judgment Parties: Amanda's On The Edge Pty Ltd (Appellant) Andrew James Dries (Respondent) Representation: Mr R W Seton SC and Mr D P M O'Dowd (Appellant) Mr J E Sexton SC and Mr C A W Hart (Respondent) Holman Webb (Appellant) Bale Boshev Lawyers (Respondent) File Number(s): 2010/322888 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-09-14 00:00:00 Before: Sidis DCJ File Number(s): 2008/314501