Gleeson v Bullock [2002] NSWCA 1

Gleeson v Bullock [2002] NSWCA 1

Leave to appeal was refused because the trial judge's findings that the risk of injury was reasonably foreseeable, that Mrs Gleeson breached her duty by failing to take available precautions such as moving the plaintiff further away or drenching the horse differently, and that the plaintiff was not contributorily negligent were all open on the evidence and disclosed no appealable error.

Jurisdiction
Australia
Judgment Date
29 January 2002
Procedural Posture
Application by Summons for Leave to Appeal / New South Wales Court of Appeal Application for Leave to Appeal From District Court Verdict and Orders
Outcome
Leave refused; summons dismissed with costs.
Legal Topics
['duty of Care' 'breach of Duty' 'foreseeability of Risk' 'contributory Negligence' 'injury Involving Horse']
['tort Law' 'negligence' 'personal Injury'] ['duty of Care' 'breach of Duty' 'foreseeability of Risk' 'contributory Negligence' 'injury Involving Horse']

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Procedural Posture

Application by Summons for Leave to Appeal / New South Wales Court of Appeal Application for Leave to Appeal From District Court Verdict and Orders

Legal Issues

  1. 1 ['Whether the risk of injury to the plaintiff was reasonably foreseeable.' 'Whether Mrs Gleeson owed and breached a duty of care in the way the horse was drenched.' 'Whether the plaintiff was contributorily negligent.' 'Whether the plaintiff had to give evidence that she would have heeded a warning or request.']

Ratio Decidendi

Leave to appeal was refused because the trial judge's findings that the risk of injury was reasonably foreseeable, that Mrs Gleeson breached her duty by failing to take available precautions such as moving the plaintiff further away or drenching the horse differently, and that the plaintiff was not contributorily negligent were all open on the evidence and disclosed no appealable error.

Court Disposition

Leave refused; summons dismissed with costs.

Orders

  • ['Leave refused.' 'Summons dismissed with costs.' 'The claimant is to pay the costs of the opponent.']