Concrite Pty Ltd v Rogerson

Concrite Pty Ltd appealed to the New South Wales Court of Appeal against a judgment of the District Court, presided over by Judge Gibb, which found Concrite Pty Ltd liable in negligence to the respondent, Mr Rogerson. The dispute concerned the assessment of damages awarded to Mr Rogerson.

The Court of Appeal was required to determine whether the trial judge’s reasoning contained internal inconsistencies, whether there were multiple contributing factors to the respondent's loss, whether the onus of proof had been misapplied, and whether the trial judge had failed to provide adequate reasons for her decision, particularly in relation to the assessment of damages.

The Court of Appeal found that the trial judge's reasons for judgment were inadequate and contained inconsistencies, particularly concerning the assessment of damages and the application of the onus of proof in relation to causation. The court concluded that these deficiencies meant the verdict and judgment could not stand. Consequently, the appeal was allowed, the original verdict and judgment were set aside, and the proceedings were remitted to the District Court for a new trial limited to the assessment of damages. The appellant was also granted judgment for the restitution of $141,000 paid as a condition of a stay of execution, together with interest.