Geyer v Redeland Pty Limited

Court of Appeal

New South Wales

Case Title:

Geyer v Redeland Pty Limited

Medium Neutral Citation:

[2013] NSWCA 338

Hearing Date(s):

15 April 2013

Decision Date:

14 October 2013

Before:

Beazley P at [1];
Ward JA at [75];
Emmett JA at [76]

Decision:

(1) Appeal dismissed with costs;
(2) Cross-appeal dismissed with costs.

[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.]

Catchwords:

TORTS - negligence - proof of negligence - whether trial judge failed to have regard to relevant evidence - whether affected by delay

TORTS - negligence - proof of negligence - Evidence Act 1995 (NSW), s 140(1) - proof on the balance of probabilities - relevance of alternative possibilities.

Legislation Cited:

Civil Liability Act 2002
Evidence Act 1995
Limitation Act 1969

Cases Cited:

Alexander v The Queen [1981] HCA 17; 145 CLR 395
Aslett v R [2009] NSWCCA 188
Blatch v Archer (1774) 1 Cowp 63; 98 ER 969
Bradshaw v McEwans (1951) 217 ALR 1
Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336
De Gioia v Darling Island Stevedoring & Lighterage Company Ltd (1941) 42 SR (NSW) 1
Hampton Court Ltd v Crooks [1957] HCA 28; 97 CLR 367
Jones v Dunkel [1959] HCA 8; 101 CLR 298
R v Agkul [2002] VSCA 222; [2002] 5 VR 537
R v Blick [2000] NSWCCA 61; 111 A Crim R 326
R v Carusi (1997) 92 A Crim R 52
R v Skaf [2004] NSWCCA 37
Strong v Woolworths Limited [2012] HCA 5; 246 CLR 182
Ward v R [2012] NSWCCA 21

Category:

Principal judgment

Parties:

Martin Geyer (Appellant/Cross-Respondent)
Redeland Pty Limited t/as Barbehire (First Respondent/Cross-Appellant)
Sydney Site Services Pty Limited (Second Respondent)

Representation

- Counsel:

Counsel:
A D Campbell; J A Malouf (Appellant)
R A Cavanagh SC; S Holmes (Respondent)

- Solicitors:

Solicitors:
Carro & Associates (Appellant/Cross-Respondent)
Curwoods Lawyers (First Respondent/Cross-Appellant)

File Number(s):

CA 2012/119197

Decision Under Appeal

- Court / Tribunal:

Supreme Court

- Before:

Rothman J

- Date of Decision: 

21 March 2013

- Citation:

Martin Geyer v Redeland Pty Limited t/as Barbehire and Sydney Site Services Pty Ltd [2012] NSWSC 245

- Court File Number(s):

2009/336120

HEADNOTE

[This headnote is not to be read as part of the judgment]

The appellant was injured when he fell down approximately 15-20 stairs leaving a social work function whilst in the employ of the second respondent. The appellant alleged that he was bumped by a person coming up the stairs who was employed by, or under the direction or control of, the first respondent (a member of the catering staff).

The trial judge dismissed the claim against the first…