Amanda's on the Edge Pty Ltd v Dries

Amanda's on the Edge Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the primary judge in favour of the respondent, Mr Dries. The dispute concerned allegations of negligence.

The Court of Appeal was required to determine whether the primary judge had erred in their findings of fact, particularly in relation to the appellant's contention that the respondent's intoxication impaired his capacity to exercise reasonable care and skill.

The Court of Appeal found no error in the primary judge's approach to the competing evidence. It was not satisfied that the respondent was intoxicated to such an extent that his capacity to exercise reasonable care and skill was impaired. Accordingly, the appeal was dismissed.

The appeal was dismissed with costs.