Neate v Fox [2012] NSWDC 2

District Court New South Wales

Medium Neutral Citation: Neate v Fox [2012] NSWDC 2 Hearing dates: 15, 16, 17 and 22 November 2011 Decision date: 27 January 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the sum of $506,330; 2.The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further orders are required. [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: TORTS - liability of owner of vintage aircraft for injury to disembarking passenger who fell to the ground whilst alighting from port wing - no steps provided for disembarking passengers; DAMAGES - assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002, s 5B, s 5C, s 5D, s 5E, s 5F, s 5H, s 5I, s 5K, s 5L, s 5R, s 5S, s 15, s 15B, s 16 Evidence Act 1995, s 60 Uniform Civil Procedure Rule 2005, r 31.10 Cases Cited: Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Falvo v Australian Oztag Sports Association & Anor [2006] NSWCA 17 Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61; 205 CLR 254 Price v State of New South Wales [2011] NSWCA 341 Reece v Reece [1994] MVR 103 Roads and Traffic Authority (NSW) v Dederer [2007] HCA 42; (2997) 234 CLR 330 Strinic v Singh [2009] NSWCA 15 Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40 Category: Principal judgment Parties: Dennis Leslie Neate (Plaintiff) Robert Fox (Defendant) Representation: Mr M Thomson (Plaintiff) Mr W Reynolds (Defendant) Gerard Malouf & Partners (Plaintiff) Riley Gray-Spencer (Defendant) File Number(s): 2010/376980