Passmore v Maitland City Council [2017] NSWCA 253

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Passmore v Maitland City Council [2017] NSWCA 253 Hearing dates: 4 October 2017 Date of orders: 04 October 2017 Decision date: 13 October 2017 Before: Basten JA at [1]; White JA at [8]; Sackville AJA at [38] Decision: (1) Grant the appellant leave to rely on the second amended notice of appeal filed in court; (2) Dismiss the appeal; (3) Order that the appellant pay the costs of the first and second respondents. Catchwords: TORTS — Negligence — Proof of negligence — primary judge not satisfied the appellant was injured as a result of the condition of the tennis court — no error in primary judge's accepting evidence of respondent's witnesses — no issue of principle raised

CIVIL PROCEDURE — Hearings — Adjournment — no error in primary judge's refusal to adjourn hearing

CIVIL PROCEDURE — Separate determination of questions — no error in primary judge's ordering that question of liability be determined separately and in advance of other issues Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Principal judgment Parties: Duncan McFarlane Cavendish Passmore (Appellant) Maitland City Council (1st Respondent) Maitland City Tennis Club Inc (2nd Respondent) Representation: Counsel: C A W Hart (Appellant) G Jensen (1st Respondent) P Cummings SC (2nd Respondent)

Solicitors: Bale Boshev Lawyers (Appellant) Moray & Agnew (Newcastle) (1st Respondent) Colin Biggers & Paisley (2nd Respondent) File Number(s): 2016/368572 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: Not published on Caselaw Date of Decision: 11 November 2016 Before: Balla DCJ File Number(s): 2015/170841