Chadley Winston Tocker v Denise Kathleen Moran [2012] NSWDC 248

District Court New South Wales

Medium Neutral Citation: Chadley Winston Tocker v Denise Kathleen Moran [2012] NSWDC 248 Hearing dates: 27/11/12 to 30/11/12 Decision date: 14 December 2012 Before: Mahony SC DCJ Decision: Verdict for the Defendant Catchwords: Personal injury, Intoxication Legislation Cited: Civil Liability Act 2002 Cases Cited: Wyong Shire Council v Shirt (1980) 146 CLR 40 Parissis v Bourke [2004] NSW CA 373 Roads and Traffic Authority (NSW) v Dederer (2007) 234 CLR 330 Amanda's On The Edge Pty Limited v Dries [2011] NSW CA 358 Langendoen v Coolangatta Estate Pty Limited [2012] NSW DC 210 Davies v George Thomas Hotels Pty Limited [2010] NSW DC 55 Russell v Edwards & Anor [2006] NSW CA 19 Category: Principal judgment Parties: Chadley Winston Tocker - Plaintiff Denise Kathleen Moran - Defendant Representation: M H Best - Plaintiff B Hull - Defendant Carroll & O'Dea Lawyers - Plaintiff Hicksons Lawyers - Defendant File Number(s): 11/265106 Publication restriction: Nil

Judgment

The Plaintiff's Claim 1The plaintiff was born on 4 November 1989 and claims damages for personal injuries suffered by him on 26 September 2008 on the defendant's premises at 11 Cooma Street, Abermain. At the time of his injuries the plaintiff was 19 years of age. 2The plaintiff's claim is brought in negligence. On the evening of 26 September 2008 he was attending an 18th birthday party at the defendant's premises. In the backyard was constructed a bonfire which was lit early in the evening. At approximately 11.30pm the plaintiff fell into the fire and sustained very severe injuries, particularly to his left hand and forearm. 3The defendant denies liability, that is breach of duty of care and causation. The defendant further raises a defence of intoxication pursuant to s 50 of the Civil Liability Act 2002. ("CLA").