Byrnes v Hawkesbury City Council [2015] NSWCA 173

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Byrnes v Hawkesbury City Council [2015] NSWCA 173 Hearing dates: 16 June 2015 Date of orders: 16 June 2015 Decision date: 25 June 2015 Before: Basten JA at [1]; Emmett JA at [2]; Sackville AJA at [55] Decision: 1 Dismiss the appeal.

2 Order the appellant to pay the respondent's costs of the appeal.

3 Reserve reasons.

4 Direct that the orders not be entered until the delivery of reasons. Catchwords: TORTS – negligence – findings of fact – whether the primary judge erred in concluding that the Council did not perform work at the location of the appellant's fall and was therefore not responsible for the appellant's injury – whether the primary judge erred in, alternatively, accepting and declining to accept certain evidence and in not giving sufficient weight to other evidence Cases Cited: Fox v Percy [2003] HCA 22; 214 CLR 118 Short v Barrett (Court of Appeal (NSW), 5 October 1990, unrep) Category: Principal judgment Parties: Michelle Byrnes (Appellant) Hawkesbury City Council (Respondent) Representation: Counsel: M Joseph SC with D Epstein (Appellant) J Sexton SC (Respondent)

Solicitors: Roderick Storie Solicitors (Appellant) McCulloch & Buggy Lawyers (Respondent) File Number(s): 2014/175025 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 16 May 2014 Before: Williams DCJ File Number(s): 2012/20574