Schneider v AMP Capital Investors Ltd; Schneider v Kent Street Pty Ltd [2017] NSWCA 40

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Schneider v AMP Capital Investors Ltd; Schneider v Kent Street Pty Ltd [2017] NSWCA 40 Hearing dates: 1 March 2017 Decision date: 10 March 2017 Before: McColl JA at [1]; Basten JA at [2]; Leeming JA at [69] Decision: (1) If leave to appeal is required, grant leave to appeal from the judgments of Fagan J in matter 2010/411126 (Kent Street) and matter 2011/260408, in relation to the first defendant (AMP Capital).

(2) Dismiss each appeal.

(3) Order that the appellant pay the costs of the respondents Kent Street and AMP Capital in this Court. Catchwords: APPEAL AND NEW TRIAL – appeal – general principles – right of appeal – direction to file affidavit explaining amount in issue exceeded $100,000 – whether affidavit set out material facts showing that leave to appeal not required – UCPR r 51.22

TORTS – negligence – occupier's liability – causation – purported failure of elevator to stop level with floor – plaintiff injured on stumbling when exiting lift – whether occupier liable for plaintiff's injuries – whether trial judge erred in dispositive finding rejecting plaintiff's evidence as to circumstances of injury – whether error in failure to consider alternative inferential reasoning

TORTS – negligence – occupier's liability – scope of duty of care – whether trial judge erred in finding duty of care did not extend to replacing lift mechanisms Legislation Cited: Civil Liability Act 2002 (NSW), s 5B Uniform Civil Procedure Rules 2005 (NSW), r 51.22 Cases Cited: Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22 Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (In liq) (2003) 214 CLR 514; [2003] HCA 25 Sargent v ASL Developments Ltd (1974) 131 CLR 634 Category: Principal judgment Parties: 2016/133764: Eugenie Schneider (Appellant) Kent Street Pty Ltd (Respondent)