Perisher Blue Pty Limited v Harris [2013] NSWCA 38

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Perisher Blue Pty Limited v Harris [2013] NSWCA 38 Hearing dates: 7 November 2012 Decision date: 27 February 2013 Before: Beazley JA at [1]; Sackville AJA at [2]; Young AJA at [30] Decision: The appeal and the cross 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: Torts - negligence - personal injury - skiing accident - school student - operator of ski resort - breach of duty of care - characterisation of risk - causation - adequacy of reasons - whether accident would have been avoided had certain steps been taken

Torts - negligence - application of Civil Liability Act 2002 ss 5D, 5E - factual causation and scope of liability

Torts - negligence - proof of negligence - inferences - whether findings supported by the evidence

Damages - future economic loss - reduced earning capacity - likelihood of more remunerative employment - consistency with findings of fact

Costs - Civil Procedure Act 2005, s 56 - whether costs order so unreasonable that no reasonable judge could have arrived at it Legislation Cited: Civil Liability Act 2002, ss 5B, 5D, 5E, 5F, 5K, 5L Supreme Court Act 1970, s101(1) Civil Procedure Act 2005, s 56 Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; 239 CLR 420 Bolitho v City and Hackney Health Authority [1998] AC 232 House v The King (1936) 55 CLR 499 Neindorf v Junkovic [2005] HCA 75; 80 ALJR 341 Novakovic v Stekovic [2012] NSWCA 54 South Eastern Sydney Area Health Service v King [2006] NSWCA 2 Strong v Woolworths Ltd [2012] HCA 5; 285 ALR 420 Category: Principal judgment Parties: Perisher Blue Pty Limited (Appellant) James Anthony Harris (First Respondent) Trustees of the Roman Catholic Church for the Archdiocese of Sydney (Second Respondent) Representation: Counsel: J E Maconachie QC with R E Montgomery (Appellant) R W Seton SC with M Maxwell (First Respondent) J Keesing (Second Respondent) Solicitors: Dibbs Barker (Appellant) Brydens Law Office LP (First Respondent) Makinson & d'Apice Lawyers (Second Respondent) File Number(s): 2011/392785 Decision under appeal Citation: [2011] NSWDC 172 Date of Decision: 2011-11-10 00:00:00 Before: Elkaim SC DCJ File Number(s): DC336355 of 2009