Coffs Harbour City Council v McLeod [2016] NSWCA 94

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coffs Harbour City Council v McLeod [2016] NSWCA 94 Hearing dates: 26 April 2016 Decision date: 03 May 2016 Before: Gleeson JA at [1] Simpson JA at [60] Sackville AJA at [61] Decision: (1) Refuse leave to appeal. (2) The Court notes that although it is accepted by the respondent that there was an error in relation to the award of $40,000 for non-economic loss, the parties are agreed that this figure is not to be disturbed. (3) Applicant to pay the respondent's costs in this Court. Catchwords: APPEAL AND NEW TRIAL - appeal - general principles – leave to appeal –discretion - slip and fall case – challenges to factual findings of primary judge concerning slip hazard – challenge to finding as to precautions which a reasonable person in the applicant's position would have taken to avoid the risk of harm – challenges to assessment of damages – whether errors of law – where no issue of principle or question of general public importance – whether more shown than that the primary judge was arguably wrong – whether reasonably clear that injustice beyond merely arguable error occurred Legislation Cited: Civil Liability Act 2000 (NSW), ss 5B, 5B(1)(a), 5B(1)(b), 5C, 5D, 16, 16(3), 42, 42(a), 42(c), 43A, 43A(2), 45, 45(3) Roads Act 1993 (NSW), ss 71, 87, 115(1)(d) Supreme Court Act 1970 (NSW), s 101(2)(r) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Brodie v Singleton Shire Council [2001] HCA 29; 206 CLR 512 Curtis v Harden Shire Council [2014] NSWCA 314; 203 LGERA 352 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Polo Enterprises Australia Pty Ltd v Pinctada Hotels and Resorts Pty Ltd [2015] NSWCA 397 Rockdale City Council v Simmons [2015] NSWCA 102 Whisprun Pty Ltd v Dixon [2003] HCA 48; 77 ALJR 1598 Category: Principal judgment Parties: Coffs Harbour City Council (appellant) Matthew Peter McLeod (respondent) Representation: Counsel: Mr J Sexton SC with Mr R Gambi of counsel (Appellant) Mr DRJ Toomey SC with Ms G Guiguis of counsel