Keys v A & A Lederer Pty Ltd, CB Bensley & J Bensley [2012] NSWDC 208

District Court New South Wales

Medium Neutral Citation: Keys v A & A Lederer Pty Ltd, CB Bensley & J Bensley [2012] NSWDC 208 Hearing dates: 31/10/2012 & 09/11/2012 Decision date: 13 November 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff against the second and third defendants in the sum of $211,264.30; 2.The second and third defendants are to pay the plaintiff's costs of the proceedings as agreed or assessed; 3.The exhibits are to stay with the court file. 4.Liberty to apply on 7 days notice if further orders are required; 5.The solicitor for the plaintiff is to serve a copy of these reasons on the second and third defendants in the same manner as the service of the notices referred to in Exhibit "F". [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 - occupier's liability; DAMAGES - assessment of claimed heads of damage Legislation Cited: Evidence Act 1995, s 60 Civil Liability Act 2002, s 15, s 16 Cases Cited: Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Category: Principal judgment Parties: Shirley Keys (Plaintiff) A & A Lederer Pty Ltd (First defendant) Bryson Bensley (Second defendant) Joanne Bensley (Third defendant) Representation: Mr J Wilson (Plaintiff) Mr L Hawkes (First defendant) No appearance for the second and third defendants Stacks/The Law Firm (Plaintiff) McCabe Terrill (First defendant) No appearance for the second and third defendants File Number(s): 2011/69430 Publication restriction: None