Geyer v Redeland Pty Limited

The appeal concerned a claim in negligence brought by the appellant, Geyer, against the respondent, Redeland Pty Limited. The dispute arose from an incident where the appellant suffered injuries. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the trial judge had failed to have regard to relevant evidence when determining the proof of negligence, and whether any such failure was affected by the delay in the proceedings. The court was also required to consider the application of section 140(1) of the *Evidence Act 1995* (NSW) regarding proof on the balance of probabilities and the relevance of alternative possibilities in establishing negligence.

The Court of Appeal dismissed the appeal, finding that the trial judge had properly considered the evidence presented and that the delay in proceedings had not prejudiced the determination of the case. The court affirmed the principles of proof on the balance of probabilities, emphasising that while alternative possibilities could be considered, the ultimate finding of negligence must be based on the evidence establishing that it was more probable than not that the respondent's breach of duty caused the appellant's injuries. The court also dismissed a cross-appeal.

The orders of the Court of Appeal were that the appeal be dismissed with costs, and the cross-appeal be dismissed with costs.