Duggan v Ampelite Fibreglass Pty Ltd

The appellant, Duggan, brought proceedings against the respondent, Ampelite Fibreglass Pty Ltd, seeking damages for personal injury. The dispute concerned the circumstances under which the appellant allegedly slipped on fibreglass sheeting and whether he had been adequately warned of any danger. The primary judge made no findings as to how the appellant came to fall, stating an inability to be satisfied of the appellant's version of events due to perceived discrepancies between witnesses. This decision was appealed to the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the primary judge had failed in their judicial function by not making findings of fact regarding the cause of the appellant's fall and by not providing adequate reasons for their inability to do so. The court was required to determine if this failure constituted a reversible error that warranted a new trial.

The Court of Appeal found that the primary judge had indeed failed in their duty to make findings of fact. The judge's inability to decide how the appellant came to fall, based on stated discrepancies without further elaboration or analysis, was considered a failure in the judicial function. The court held that a new trial was necessary because the primary judge had not properly determined the factual basis of the claim.

Consequently, the appeal was allowed, and the cross-appeal was dismissed. The verdict and judgment for the defendant were set aside, and an order was made for a new trial. The respondent was ordered to pay the appellant's costs of the appeal and cross-appeal, and the order for costs made by the primary judge was also set aside, with the costs of the proceedings below to be determined by the judge conducting the new trial.