GRAHAM v. REMO CONSTRUCTIONS P/L & ANOR [2005] NSWCA 225

GRAHAM v. REMO CONSTRUCTIONS P/L & ANOR [2005] NSWCA 225

The appellant failed to establish, on the evidence, that instability of the metal cover caused his fall and injury. The trial judge’s rejection of his evidence on causation was supported by inconsistencies and absence of critical details in prior accounts. There was no basis in law or fact for the appellate court to overturn that finding.

Jurisdiction
Australia
Judgment Date
06 July 2005
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['negligence' 'employment Injury' 'causation' 'building Site Accident']
['tort Law'] ['negligence' 'employment Injury' 'causation' 'building Site Accident']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether negligence by employer and head contractor caused injury' 'Whether instability of metal cover was cause of accident' "Whether trial judge's findings on causation should be overturned"]

Ratio Decidendi

The appellant failed to establish, on the evidence, that instability of the metal cover caused his fall and injury. The trial judge’s rejection of his evidence on causation was supported by inconsistencies and absence of critical details in prior accounts. There was no basis in law or fact for the appellate court to overturn that finding.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']