Panther v Pischedda [2013] NSWCA 236

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Panther v Pischedda [2013] NSWCA 236 Hearing dates: 17 June 2013 Decision date: 25 July 2013 Before: Macfarlan JA at [1] Barrett JA at [33] Gleeson JA at [34] Decision: 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 - occupier's liability - respondent slipped on driveway giving access to rented premises - Civil Liability Act s 5B - whether risk of injury not insignificant - whether risk foreseeable - whether reasonable person in occupiers' position would have taken preventative measures such as providing handrails or alternative means of access Legislation Cited: Civil Liability Act 2002 Cases Cited: Gillies v Saddington [2004] NSWCA 110 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Miller v Galderisi [2009] NSWCA 353 Category: Principal judgment Parties: Jean Ann Panther (First Appellant) Nicholas John Hampton (Second Appellant) Maria Pischedda (Respondent) Representation: Counsel: J Sexton SC/N Polin (Appellants) S Norton SC/J Reimer (Respondent) Solicitors: Moray & Agnew (Appellants) Brydens Law Office LP (Respondent) File Number(s): CA 2012/338310 Decision under appeal Jurisdiction: 9101 Citation: Maria Pischedda v Jean Ann Panther and Anor Date of Decision: 2012-10-08 00:00:00 Before: Curtis DCJ File Number(s): 2010/254003