Bamber v Hartman Pacific Pty Ltd; Bamber v Hartman Pacific Pty Ltd [2017] NSWSC 1318

Supreme Court New South Wales

Medium Neutral Citation: Bamber v Hartman Pacific Pty Ltd; Bamber v Hartman Pacific Pty Ltd [2017] NSWSC 1318 Hearing dates: 1 May 2017, 2 May 2017, 3 May 2017, 4 May 2017 and 5 May 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Both Mr and Mrs Bamber's claims be dismissed; and

(2) All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined.

The usual costs order under r 42.1 of the Uniform Civil Procedure Rules 2005 (NSW) is that costs as agreed or assessed, follow the event. In this case that would in both cases be an order in favour of Hartman. Unless the parties approach to be heard within 14 days, that will be the Court's order. Catchwords: PERSONAL INJURY – negligence – injury caused by allegedly defective ladder – whether the ladder was defectively manufactured – how the plaintiff husband came to fall off the ladder – consequences of the ankle injury sustained after the fall – nature and cause of the plaintiff wife's injuries – what loss and damage each plaintiff suffered – credibility and reliability of witnesses – contributory negligence – claims dismissed with costs Legislation Cited: Civil Liability Act 2002 (NSW) Competition and Consumer Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Graham v Baker [1961] 106 CLR 340; [1961] HCA 48 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20 Mason v Demasi [2012] NSWCA 210 Medlin v State Government Insurance Commissioner (1995) 182 CLR 1; [1995] HCA 516 Rabay & Anor v Bristow [2005] NSWCA 199 Category: Principal judgment Parties: William Duncan Bamber (Plaintiff in 2015/3199) Barbara Ann Bamber (Plaintiff in 2015/3205) Pacific Hartman Pty Ltd (Defendant) Representation: Counsel: Mr B Dooley SC with Ms K Balendra Mr J Downing (Defendant)