Alchin v Daley

In *Alchin v Daley*, the appellant, the licensee of a hotel, appealed to the Court of Appeal of New South Wales against a decision of the District Court which found in favour of the respondent, who had suffered personal injuries after tripping over an obstacle at night. The respondent's claim was based on allegations of negligence on the part of the appellant.

The central legal issues before the Court of Appeal were whether the primary judge had provided adequate reasons for concluding that the lighting at the hotel was poor, and whether the primary judge had mistakenly reversed the onus of proof, requiring the appellant to prove they were not negligent rather than the respondent proving they were.

The Court of Appeal found that the primary judge's reasons for determining the lighting was poor were insufficient and lacked the necessary particularity. Furthermore, the court held that the primary judge had indeed erred by inverting the burden of proof. Consequently, the appeal was allowed, the original orders were set aside, and the matter was remitted to the District Court for a new trial. The costs of the first trial were to be determined upon the retrial, and the respondent was ordered to pay the appellant's costs of the appeal, with a certificate granted under the Suitors’ Fund Act 1951.