District Court
New South Wales
Medium Neutral Citation: McGlen-McLeod v Galloway [2011] NSWDC 163 Hearing dates: 10 and 11 October 2011 Decision date: 14 October 2011 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Judgment for the plaintiff for $700.
(2) Defendants pay plaintiff's costs.
(3) Liberty to restore in relation to costs.
(4) Exhibits retained for 28 days.
Catchwords: TORT - negligence - plaintiff briefly treated for minor left leg injury after stepping on rotting floorboards - claim made two years later of serious injury to her right leg and back - nature and extent of injury and disabilities - role of surveillance film in personal injury proceedings Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), Pt 31 r 31.10 Cases Cited: Annetts v State of New South Wales (District Court of New South Wales, 19 November 2010)
Beard v North Coast Area Health Service (District Court of New South Wales, 11 November 2010)
Boyes v Colins [2000] 23 WAR 123; [2000] WASCA 344
Brown v Metro Meat International Ltd [2000] WASCA 123
Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320
Dasreef Pty Ltd v Hawchar (2011) 277 ALR 611; (2011) 85 ALJR 694; [2011] HCA 21
Digby v Essex County Council [1994] PIQR P 53
Grace v Shad (District Court of New South Wales, McLoughlin DCJ, 6 August 2010)
Halpan v Lumley General Insurance Ltd [2009] NSWCA 372
Jaber v Rockdale City Council [2008] NSWCA 98
Jones v Dunkel (1959) 101 CLR 298; [1959] ALR 367; (1959) 32 ALJR 395; (1959) 76 WN (NSW) 278
Khan v Armaguard Ltd [1994] 1 WLR 1204
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Mason v Demasi [2009] NSWCA 27
McGuiness v Kellogg Co of Great Britain Ltd [1988] 1 WLR 913
Miller v Galderisi [2009] NSWCA 353
Oraha v The Nominal Defendant (District Court of New South Wales, 1 October 2010)
R v Kotzmann [1999] 2 VR 123
Ralston v Bell & Smith t/a Xentex Patch & Grout [2010] NSWSC 245
Ramsay v Watson (1961) 108 CLR 642
Tchen v The Nominal Defendant [2010] NSWCA 45
The Nominal Defendant v Kostic [2007] NSWCA 14
Thornton v Telegraph Media Group Ltd [2011] EWHC 1884 (QB)
Whalan v Kogarah Municipal Council [2007] NSWCA 5Texts Cited: The Honourable Justice Ipp, "Problems with Fact-finding" (2 September 2006) Lawlink, Supreme Court of New South Wales Category: Principal judgment Parties: Plaintiff: Anne McGlen-McLeod
First Defendant: Nathan David Galloway
Second Defendant: Daniel Eli GallowayRepresentation: Plaintiff: Mr A P Quinlivan
Defendants: Mr S E Torrington
Plaintiff: CMC Lawyers
Defendants: McCabe Terrill Lawyers
File Number(s): 2009/00338654 Publication restriction: None
Judgment
The plaintiff, by statement of claim filed on 18 December 2009, seeks damages for negligence arising out of the circumstances in which she suffered injury falling through a rotten floorboard in the veranda of the house which she and her family were renting. The subject premises in question is at 2/489 Valery Road, Valery in the State of New South…
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- AGLC
- McGlen-McLeod v Galloway [2011] NSWDC 163
- Case
- [2011] NSWDC 163
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
(1) Judgment for the plaintiff for $700.
(2) Defendants pay plaintiff's costs.
(3) Liberty to restore in relation to costs.
(4) Exhibits retained for 28 days.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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