COLLINS v LEMINGTON COAL MINES LIMITED [1999] NSWCA 293

COLLINS v LEMINGTON COAL MINES LIMITED [1999] NSWCA 293

Where a new trial is ordered limited to damages, the trial judge must proceed on the previously established finding of liability and cannot revisit or disregard that finding; a judgment or verdict entered for the defendant on the basis of re-determined liability is in error and must be set aside.

Jurisdiction
Australia
Judgment Date
03 August 1999
Procedural Posture
Appeal / Determination of Appeal Against District Court Judgment Following Remitter Limited to Damages
Outcome
Appeal allowed
Legal Topics
['negligence' 'duty of Care' 'liability' 'assessment of Damages' 'remitter' 'costs Orders']
['tort Law'] ['negligence' 'duty of Care' 'liability' 'assessment of Damages' 'remitter' 'costs Orders']

Case Brief

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Procedural Posture

Appeal / Determination of Appeal Against District Court Judgment Following Remitter Limited to Damages

Legal Issues

  1. 1 ['Whether the District Court, on remitter limited to damages, could revisit liability' 'Whether Acting Judge Nader was correct to find no compensable damage and enter verdict for defendant contrary to prior finding of liability' 'Appropriate orders following erroneous approach to remitted trial']

Ratio Decidendi

Where a new trial is ordered limited to damages, the trial judge must proceed on the previously established finding of liability and cannot revisit or disregard that finding; a judgment or verdict entered for the defendant on the basis of re-determined liability is in error and must be set aside.

Court Disposition

Appeal allowed

Orders

  • ['Leave to appeal granted' 'Appeal allowed' 'Set aside the judgment and verdict of Acting Judge Nader' 'Remit the matter to the District Court for a new trial in accordance with order 3 made by this Court on 21 October 1997' "The respondent to pay the applicant's costs of the hearing before Acting Judge Nader and of...