Krupowicz & Anor v Consumer, Trader & Tenancy Tribunal & Anor [2003] NSWSC 1159

Krupowicz & Anor v Consumer, Trader & Tenancy Tribunal & Anor [2003] NSWSC 1159

The Tribunal erred by proceeding on the basis of strict liability and failing to determine the question of fault; proof of negligence is necessary in gratuitous bailment.

Jurisdiction
Australia
Judgment Date
27 November 2003
Procedural Posture
Appeal / Judgment
Outcome
Order of Tribunal set aside; proceedings remitted back for determination of fault according to law; second defendant to pay plaintiffs' costs.
Legal Topics
['bailment' 'negligence' 'question of Law']
['administrative Law' 'common Law'] ['bailment' 'negligence' 'question of Law']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal erred in law by finding plaintiffs liable as gratuitous bailees without proof of negligence']

Ratio Decidendi

The Tribunal erred by proceeding on the basis of strict liability and failing to determine the question of fault; proof of negligence is necessary in gratuitous bailment.

Court Disposition

Order of Tribunal set aside; proceedings remitted back for determination of fault according to law; second defendant to pay plaintiffs' costs.

Orders

  • ['Set aside the order made by the Tribunal on 5 September 2002.' 'Proceedings remitted back to the Tribunal for determination of fault according to law.' "Second defendant to pay plaintiffs' costs." "Second defendant entitled to a certificate under the Suitors' Fund Act, 1951 if so entitled."]