Given v The President of the Sydney Union & Ors [1999] NSWCA 233

Given v The President of the Sydney Union & Ors [1999] NSWCA 233

The appeal failed because the trial judge's findings rejecting the pleaded particulars of negligence were not shown to be erroneous, particularly the findings that the stairs had a non-slip surface and anti-skid strips and were otherwise in adequate condition. The appellant could not prove how or why she fell, or that any alleged breach by any respondent caused her injury. No error was shown in the trial judge's exercise of discretion on costs after the offers of compromise.

Jurisdiction
Australia
Judgment Date
24 May 1999
Procedural Posture
Appeal in Negligence Damages Proceedings / Appeal From District Court Judgment Dismissing the Negligence Claim and Challenge to Costs Orders
Outcome
Appeal dismissed with costs.
Legal Topics
['personal Injury' 'occupiers Liability' 'architect Liability' 'slip and Fall on Stairs' 'causation' 'breach of Duty' 'calderbank Offer' 'indemnity Costs']
['torts' 'negligence' 'civil Procedure'] ['personal Injury' 'occupiers Liability' 'architect Liability' 'slip and Fall on Stairs' 'causation' 'breach of Duty' 'calderbank Offer' 'indemnity Costs']

Case Brief

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Procedural Posture

Appeal in Negligence Damages Proceedings / Appeal From District Court Judgment Dismissing the Negligence Claim and Challenge to Costs Orders

Legal Issues

  1. 1 ['Whether the trial judge erred in finding that negligence was not established against the occupiers or the architect in relation to the staircase.' "Whether the evidence established any causal connection between the appellant's fall and any alleged breach of duty." 'Whether the trial judge erred in accepting that non-slip strips had been installed on the stairs.' "Whether the trial judge's indemnity costs orders following offers of compromise should be disturbed."]

Ratio Decidendi

The appeal failed because the trial judge's findings rejecting the pleaded particulars of negligence were not shown to be erroneous, particularly the findings that the stairs had a non-slip surface and anti-skid strips and were otherwise in adequate condition. The appellant could not prove how or why she fell, or that any alleged breach by any respondent caused her injury. No error was shown in the trial judge's exercise of discretion on costs after the offers of compromise.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']