Jenkins v Sydney Markets Ltd [2005] NSWCA 82

Jenkins v Sydney Markets Ltd [2005] NSWCA 82

The appellate court determined that due to conflicts and inadequacies in the evidence and the trial judge's findings, a new trial was necessary rather than appellate determination on the facts.

Jurisdiction
Australia
Judgment Date
29 March 2005
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal and cross-appeal allowed; orders for new trial and costs; previous judgment set aside.
Legal Topics
["occupier's Liability" 'duty of Care' 'new Trial']
['tort Law'] ["occupier's Liability" 'duty of Care' 'new Trial']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the respondent, as occupier of the premises, owed a duty of care to the appellant in relation to three accidents.' "Whether the trial judge's reasoning and findings were adequate."]

Ratio Decidendi

The appellate court determined that due to conflicts and inadequacies in the evidence and the trial judge's findings, a new trial was necessary rather than appellate determination on the facts.

Court Disposition

Appeal and cross-appeal allowed; orders for new trial and costs; previous judgment set aside.

Orders

  • ['The appeal is allowed.' 'The cross-appeal is allowed.' 'The verdict and judgment of the trial judge is set aside.' 'Remit the matter for re-hearing on all issues.' "The respondent is to pay the appellant's costs of the appeal but is to have a certificate under the Suitors Fund Act if so entitled." "The...