Nepean Blue Mountains Local Health District v Starkey

The Court of Appeal of New South Wales heard an appeal concerning a negligence claim brought by Ms Starkey against the Nepean Blue Mountains Local Health District. Ms Starkey alleged she suffered personal injury as a result of a slip and fall incident. The primary judge had found in favour of Ms Starkey. The Local Health District appealed this decision.

The appeal raised several grounds of alleged error by the primary judge. These included whether the primary judge erred by failing to refer to the provisions of the *Civil Liability Act 2002* (NSW) in the judgment, despite the parties also failing to refer to the Act in their pleadings and at trial. Further issues were whether the primary judge failed to adequately elaborate on the nature, content, and scope of the duty of care owed, whether findings on causation were made, whether the primary judge made findings outside the scope of the plaintiff's pleaded case, and whether erroneous findings of fact were made.

The Court of Appeal dismissed the appeal. It found that while the primary judge did not explicitly refer to the *Civil Liability Act 2002* (NSW), the judgment nonetheless applied the relevant principles of negligence. The Court was satisfied that the primary judge had made sufficient findings regarding the duty of care, breach, and causation, and that these findings were open on the evidence and within the scope of the pleaded case. The Court found no basis to interfere with the primary judge's findings of fact.

Consequently, the appeal was dismissed, and the appellant, Nepean Blue Mountains Local Health District, was ordered to pay the respondent's costs.