Smith v Croote Pty Ltd [2014] NSWCA 35

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Smith v Croote Pty Ltd [2014] NSWCA 35 Hearing dates: 27 November 2013 Decision date: 07 March 2014 Before: Meagher JA at [1]; Ward JA at [4]; Emmett JA at [5]. 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 - dangerous premises - injuries to persons entering premises - whether hotel proprietor and security provider liable Legislation Cited: Civil Liability Act 2002, s 5D Liquor Act 1982, ss 2A, 103(1)(a), 125(1)(b), 125(3), 125(4) Cases Cited: Adeels Palace v Moubarak [2009] HCA 48; 239 CLR 420 Category: Principal judgment Parties: Geoffrey John Smith (Appellant) Croote Pty Limited (First Respondent) TA & EL Dunn Pty Limited (Second Respondent) Representation: Counsel:

I Butcher (Appellant) R Cavanagh SC with S Holmes (First Respondent) N Polin (Second Respondent) Solicitors:

Hannaford Cox Connellan & McFarland (Appellant) Thompson Cooper Lawyers (First Respondent) Lee & Lyons Lawyers (Second Respondent) File Number(s): 2013/15823 Decision under appeal Citation: Geoffrey John Smith v Croote Pty Limited Date of Decision: 2012-12-20 00:00:00 Before: Armitage DCJ File Number(s): 2010/101029