Court of Appeal
New South Wales
Case Title: Bootle v Barclay Medium Neutral Citation: [2013] NSWCA 142 Hearing Date(s): 9, 10 May 2013 Decision Date: 31 May 2013 Before: MEAGHER JA at [1];
SACKVILLE AJA at [2];
BALL J at [76]Decision: In CA No 2012/208370 (the Bootles' application for leave to appeal):
1. Grant leave to appeal on grounds 1-8 in the draft notice of appeal appearing in the red book.
2. Refuse leave to appeal on grounds 9-11.
3. Direct the applicants within seven days to file a notice of appeal in the form of the draft notice of appeal (omitting grounds 9-11 and proposed orders 3, 4 and 5).
4. Allow the appeal.
5. Set aside the verdict for the first and second respondents (the Barclays) against the appellants (the Bootles) entered by the primary Judge on 28 June 2012.
6. Set aside Order 2 made by the primary Judge on 28 June 2012 insofar as Order 2 requires the appellants to pay the costs of the first and second respondents.
7. In lieu of Order 2 referred to in Order 6 above, order the first and second respondents to pay the appellants' costs of the proceedings in the District Court.
8. Order the first and second respondents to pay the appellants' costs of the appeal.
9. The first and second respondents, if otherwise qualified, to have a certificate under the Suitors' Fund Act 1951.In CA No 2012/223392 (the leave application by MVAS and Mr Shapley):
1. Grant leave to appeal.
2. Direct the applicants within seven days to file a notice of appeal in the form of the draft notice of appeal in the red book.
3. Allow the appeal in part.
4. Set aside the verdict for the first and second respondents against the second appellant (Mr Shapley) entered by the primary Judge on 28 June 2012.
5. Leave undisturbed the verdict for the first and second respondents against the first appellant (MVAS).
6. Set aside Order 2 made by the primary Judge on 28 June 2012 insofar as Order 2 requires the second appellant to pay the costs of the first and second respondents.
7. Leave undisturbed Order 2 insofar as it requires the first appellant to pay the costs of the first and second respondents.
8. Order that the first and second respondents pay the second appellant's costs of the proceedings in the District Court.
9. The first and second respondents pay Mr Shapley's costs of the appeal assessed at 50 per cent of the costs of Mr Shapley and MVAS of the appeal.
10. The first and second respondents, if otherwise qualified, have a certificate under the Suitors' Fund Act 1951.[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15,…
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- AGLC
- Bootle v Barclay [2013] NSWCA 142
- Case
- [2013] NSWCA 142
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court of Appeal were whether the findings of negligence against the Barclays, the pilot, and the aircraft provider should be upheld, and the relevance of the hazardous nature of the spraying operation to these findings. The court was required to consider the evidence presented regarding the spraying operation, the drift of the herbicide, and the resulting damage to the Bootles' crops.
The Court of Appeal, comprising Meagher JA, Sackville AJA, and Ball J, allowed the appeal in part. The court found that the primary judge's verdict for the Barclays against the Bootles should be set aside. Consequently, the orders regarding costs were varied, with the Barclays ordered to pay the Bootles' costs of the proceedings in the District Court and the costs of the appeal. In relation to the application by MVAS and Mr Shapley, leave to appeal was granted, and the appeal was allowed in part. The verdict for the Barclays against Mr Shapley was set aside, and the Barclays were ordered to pay Mr Shapley's costs of the District Court proceedings and 50 per cent of the costs of the appeal. However, the verdict for the Barclays against MVAS was undisturbed, and MVAS was ordered to pay the Barclays' costs in that regard.
Orders
Orders of the court
In CA No 2012/208370 (the Bootles' application for leave to appeal):
1. Grant leave to appeal on grounds 1-8 in the draft notice of appeal appearing in the red book.
2. Refuse leave to appeal on grounds 9-11.
3. Direct the applicants within seven days to file a notice of appeal in the form of the draft notice of appeal (omitting grounds 9-11 and proposed orders 3, 4 and 5).
4. Allow the appeal.
5. Set aside the verdict for the first and second respondents (the Barclays) against the appellants (the Bootles) entered by the primary Judge on 28 June 2012.
6. Set aside Order 2 made by the primary Judge on 28 June 2012 insofar as Order 2 requires the appellants to pay the costs of the first and second respondents.
7. In lieu of Order 2 referred to in Order 6 above, order the first and second respondents to pay the appellants' costs of the proceedings in the District Court.
8. Order the first and second respondents to pay the appellants' costs of the appeal.
9. The first and second respondents, if otherwise qualified, to have a certificate under the Suitors' Fund Act 1951.
In CA No 2012/223392 (the leave application by MVAS and Mr Shapley):
1. Grant leave to appeal.
2. Direct the applicants within seven days to file a notice of appeal in the form of the draft notice of appeal in the red book.
3. Allow the appeal in part.
4. Set aside the verdict for the first and second respondents against the second appellant (Mr Shapley) entered by the primary Judge on 28 June 2012.
5. Leave undisturbed the verdict for the first and second respondents against the first appellant (MVAS).
6. Set aside Order 2 made by the primary Judge on 28 June 2012 insofar as Order 2 requires the second appellant to pay the costs of the first and second respondents.
7. Leave undisturbed Order 2 insofar as it requires the first appellant to pay the costs of the first and second respondents.
8. Order that the first and second respondents pay the second appellant's costs of the proceedings in the District Court.
9. The first and second respondents pay Mr Shapley's costs of the appeal assessed at 50 per cent of the costs of Mr Shapley and MVAS of the appeal.
10. The first and second respondents, if otherwise qualified, have a certificate under the Suitors' Fund Act 1951.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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