Ryland v QBE Insurance (Australia) Ltd [2013] NSWCA 120

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ryland v QBE Insurance (Australia) Ltd [2013] NSWCA 120 Hearing dates: 3 May 2013 Decision date: 03 May 2013 Before: Basten JA at [1], [29]; Meagher JA at [24]; Gleeson JA at [28] Decision: (1) Dismiss the application for leave to appeal. (2) Order that the applicant pay the respondent's costs. (3) Direct the respondent to file any notice of motion it wishes to make with respect to costs by 5pm today. [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: PROCEDURE - civil - whether fairness of trial compromised by intervention of trial judge in questioning of witnesses - whether questioning by trial judge excessive - where trial judge did not suggest any answers to witness - where trial judge clarifying points of uncertainty

TORTS - negligence - breach - whether occupier of retail store breached duty of care - failure to implement formal system of inspection and cleaning of spills - where informal detection system in place - where store selling clothing - where store took steps to prevent entry of food and beverage into store - where no amenities in store Legislation Cited: Civil Liability Act 2002 (NSW), s 5B Supreme Court Act 1970 (NSW), s 101 Category: Principal judgment Parties: Pamela Ryland (Applicant) QBE Insurance (Australia) Ltd (Respondent) Representation: Counsel: