NSW Land & Housing Corporation v Dia [2012] NSWCA 321

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: NSW Land & Housing Corporation v Dia [2012] NSWCA 321 Hearing dates: 22 August 2012 Decision date: 05 October 2012 Before: McColl JA at [1]; Macfarlan JA at [2]; Meagher JA at [41] Decision: (1) Extend the time for the Corporation to file an application for leave to appeal. (2) Grant leave to appeal. (3) Dismiss the appeal. (4) Order the Corporation to pay the plaintiff's costs of the appeal. [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 - negligence - causation - 12 year old respondent injured when he fell from stairs in unit block owned and managed by the appellant - stair railing capping held by respondent dislodged when he was descending the stairs quickly and looking over the railing for his friend - primary judge found breach of duty of care by appellant in failing to provide secure capping - whether breach of duty was a cause of the respondent's injury - whether primary judge erred in preferring evidence of one expert witness over another - whether primary judge's findings were inconsistent with incontrovertible facts, glaringly improbable or contrary to compelling inferences Cases Cited: Commonwealth v Introvigne [1982] HCA 40; 150 CLR 258 Fox v Percy [2003] HCA 22; 214 CLR 118 Category: Principal judgment Parties: NSW Land & Housing Corporation (Applicant/Appellant) Jaafar Dia by his Tutor Nawal Chaddad (First Respondent) Nawal Chaddad (Second Respondent) Representation: Counsel: P Menzies QC/B K Nolan (Applicant/Appellant) B J Gross QC/S Dixon (Respondents) Solicitors: McCabe Terrill Lawyers Pty Ltd (Applicant/Appellant) C & M Lawyers (Respondents) File Number(s): CA 2008/314213 Decision under appeal Citation: Dia v NSW Land & Housing Corporation; Chaddad v NSW Land & Housing Corporation Date of Decision: 2011-06-01 00:00:00 Before: Delaney DCJ File Number(s): DC 2008/161; 2008/162