Sanchez-Sidiropoulos v Canavan [2016] NSWCA 221

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sanchez-Sidiropoulos v Canavan [2016] NSWCA 221 Hearing dates: 15 August 2016 Date of orders: 15 August 2016 Decision date: 24 August 2016 Before: Beazley ACJ at [1]; Basten JA at [2]; Payne JA at [45] Decision: (1) Refuse leave to file the second further amended notice of appeal.

(2) Dismiss the appeal with costs.

(3) Order that the solicitor for the appellant, Mr J P Capsanis, personally pay the costs of preparation of the orange book in a sum not exceeding $500 including GST. Catchwords: APPEAL – leave to amend grounds of appeal out of time – whether prejudice to respondent – whether reasonable prospect of success based on proposed new ground – whether prejudice to appellant if not allowed to pursue proposed amended grounds

TORTS – negligence – personal injury – collision causing injury during physical education warm-up game – adequacy of instructions – game played on asphalt surface – age of players – manner in which game played

TORTS – causation – risk of playing on asphalt surface – injury not materialisation of risk Legislation Cited: Supreme Court Act 1970 (NSW), s 101 Category: Principal judgment Parties: Jade Sanchez-Sidiropoulos (Appellant) Brother Kelvin Canavan (Respondent) Representation: Counsel: Mr A D Crossland (Appellant) Mr A C Bridge / Mr C P O'Neill (Respondent)

Solicitors: J P Capsanis & Co (Appellant) Makinson D'Apice Lawyers (Respondent) File Number(s): 2015/260246 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: [2015] NSWSC 1139 Date of Decision: 14 August 2015 Before: Schmidt J File Number(s): 2009/297447