Antoinette Paula Garzo v Liverpool/Campbelltown Christian School Ltd

[2012] HCASL 178

ANTOINETTE PAULA GARZO

v

LIVERPOOL/CAMPBELLTOWN CHRISTIAN SCHOOL LTD & ANOR

[2012] HCASL 178
S166/2012

1. The applicant seeks special leave to appeal from orders of the Court of Appeal of the Supreme Court of New South Wales (Basten and Meagher JJA and Tobias AJA) made on 25 May 2012 dismissing the applicant's appeal from a decision of the Supreme Court of New South Wales (Garling J).

2. On 27 November 2007, the applicant attended a concert at a school owned by the first respondent.  Returning to her car after the concert, she crossed a road within the grounds of the school using a pedestrian crossing.  In stepping from the road to the kerb, the applicant slipped and sustained various injuries. The applicant brought proceedings in the Supreme Court of New South Wales claiming that both the first respondent and the second respondent, the school's maintenance contractor, had been negligent in painting the pedestrian crossing onto the road surface.  On 15 April 2011, the Supreme Court relevantly ordered that judgment be entered for the first and second respondents.

3. The applicant appealed from the decision of the Supreme Court.  On 25 May 2012, the Court of Appeal unanimously dismissed the appeal.  A majority of the Court of Appeal found that, although the first and second respondents had breached their duty of care to the applicant, the evidence was not capable of establishing that the breach had caused the applicant to slip and sustain her injuries.

4. The respondent correctly submits that this application raises no issue of general public importance which would warrant consideration by this Court.  The applicant demonstrates no arguable error in the Court of Appeal's statement of the applicable principles.  It would not be in the interests of justice generally, or in this particular case, that there be a grant of special leave.

5. Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
5 December 2012 S.M. Crennan