Cafest v Tombleson

The Court of Appeal of New South Wales heard an appeal concerning a claim in negligence. The appellant, Cafest, sought to overturn a judgment entered against it in favour of the respondent, Tombleson, following a trial.

The central legal issue before the Court of Appeal was whether the trial judge had erred in finding that the appellant had been negligent and that this negligence had caused the respondent's loss. Specifically, the court had to determine if the appellant had failed to exercise reasonable care in the circumstances.

The Court of Appeal allowed the appeal, setting aside the judgment and verdict entered at trial. The court found that the appellant had not been negligent. Consequently, a verdict was entered for the defendant (appellant), and the respondent was ordered to pay the appellant's costs of both the trial and the appeal, with a certificate granted under the Suitors' Fund Act 1951.