Dillon v Hair [2014] NSWCA 80

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dillon v Hair [2014] NSWCA 80 Hearing dates: 19 February 2014 Decision date: 26 March 2014 Before: Macfarlan JA at [1] Emmett JA at [2] Tobias AJA [22] 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 - Civil Liability Act 2002 - personal injury - occupier's liability - risk of movement under foot of mat placed on polished floor - whether a reasonable person in the circumstances of the appellant would have taken precautions - whether the primary judge failed to consider evidence Legislation Cited: Civil Liability Act 2002 (NSW) Cases Cited: Phillis v Daly (1998) 15 NSWLR 65 Category: Principal judgment Parties: Harry Dillon (First Appellant) Jann Dillon (Second Appellant) Margaret Hair (First Respondent) Emma Munro (Second Respondent) Representation: Counsel: J E Sexton SC / N E Chen (Appellants) D Letcher QC / P Kintominas (First Respondent) A J Turnbull (Second Respondent) Solicitors: Kennedys (Appellants) Brydens Law Office LP (First Respondent) Holman Webb Lawyers (Second Respondent) File Number(s): 2013/109474 Publication restriction: None Decision under appeal Jurisdiction: 9101 Citation: Hair v Munro [2013] NSWDC 25 Date of Decision: 2013-03-28 00:00:00 Before: Elkaim SC DCJ File Number(s): 2011/00039496