Hoffmann v Boland [2013] NSWCA 158

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hoffmann v Boland [2013] NSWCA 158 Hearing dates: 3, 4 April 2013 Decision date: 06 June 2013 Before: Basten JA at [1]; Barrett JA at [41]; Sackville AJA at [45] Decision: CA 2012/194919 (Reverend Hoffmann's appeal) 1. Grant leave to appeal. 2. Allow the appeal against the First Respondent. 3. Dismiss the appeal against the Second, Third, Fourth, Fifth and Sixth Respondents. 4. Set aside Order (i) made by RS Hulme J on 29 May 2012. 5. In lieu of Order (i), verdict and judgment for the First Defendant against the Plaintiff. 6. The First Respondent pay the Appellant's costs of the appeal insofar as they relate to the appeal against the First Respondent. 7. The Appellant pay the Second, Third, Fourth, Fifth and Sixth Respondents' costs of the appeal insofar as they relate to the appeal against them. CA 2012/266953 (Plaintiff's Appeal) 1. Grant leave to appeal. 2. Dismiss the appeal against the Second, Third, Fourth, Fifth and Sixth Respondents. 3. The Appellant pay the Second, Third, Fourth, Fifth and Sixth Respondents' costs of the appeal. CA 2012/194919 and CA 2012/266953 (Costs of the Trial) In both appeals: 1. Set aside Orders 1, 2, 3 and 6 made by RS Hulme J on 5 June 2012. 2. In lieu thereof, Order that the Plaintiff pay: (a) the First Defendant's costs of the Plaintiff's claim against the First Defendant; (b) the Second Defendant's costs of the Plaintiff's claim against the Second Defendant; and (c) the Third, Fourth, Fifth and Sixth Defendants' costs of the Plaintiff's claim against them. 3. The First Defendant pay the Second, Third, Fourth, Fifth and Sixth Defendants' costs of the First Defendant's cross-claim against them. CA 2012/266987 (Plaintiff's Summons for Leave to Appeal on Costs) 1. Summons seeking leave to appeal dismissed. 2. No order as to costs. 3. Summons seeking leave to cross-appeal dismissed. 4. No order as to 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 - plaintiff injured as infant by falling down stairs while being carried - whether plaintiff's grandmother owed her a duty of care - whether plaintiff's grandmother negligent in manner in which she descended stairs - whether designer of the staircase or the builder responsible for renovations failed to take reasonable care in design and construction of staircase