Jackson v Lithgow City Council [2010] NSWCA 136

Jackson v Lithgow City Council [2010] NSWCA 136

The ambulance records were admissible as business records under the Evidence Act 1995 (NSW), s 69 as they reported information reasonably based on the ambulance officers’ perceptions at the scene, and the lay opinion evidence exception in s 78 applied. The records’ inclusion, together with other evidence, made it more probable than not that the plaintiff sustained his injuries by falling from a height of 1.5 metres onto concrete due to the defendant's negligence. The trial judge erred in excluding this evidence. Consequently, the plaintiff succeeded on the causation issue on the balance of probabilities.

Parties
Appellant: Craig William Jackson; Respondent: Lithgow City Council
Jurisdiction
Australia
Judgment Date
11 June 2010
Procedural Posture
Appeal / Remitted Appeal Rehearing in the NSW Court of Appeal After High Court Remitter
Outcome
Appeal allowed
Legal Topics
Negligence, Causation, Admissibility of Evidence, Business Records Exception, Lay Opinion Evidence
Tort Law Evidence Law Civil Procedure Negligence Causation Admissibility of Evidence Business Records Exception Lay Opinion Evidence

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Parties

Craig William Jackson

Appellant

Lithgow City Council

Respondent

Procedural Posture

Appeal / Remitted Appeal Rehearing in the NSW Court of Appeal After High Court Remitter

Legal Issues

  1. 1 Whether ambulance records were admissible as evidence under s 69 and s 78 of the Evidence Act 1995 (NSW)
  2. 2 Whether the plaintiff suffered his injuries in the manner claimed (fall from 1.5 metres onto concrete) on the balance of probabilities
  3. 3 Whether the events giving rise to injury were caused in circumstances establishing negligence of the defendant council

Ratio Decidendi

The ambulance records were admissible as business records under the Evidence Act 1995 (NSW), s 69 as they reported information reasonably based on the ambulance officers’ perceptions at the scene, and the lay opinion evidence exception in s 78 applied. The records’ inclusion, together with other evidence, made it more probable than not that the plaintiff sustained his injuries by falling from a height of 1.5 metres onto concrete due to the defendant's negligence. The trial judge erred in excluding this evidence. Consequently, the plaintiff succeeded on the causation issue on the balance of probabilities.

Court Disposition

Appeal allowed

Orders

  • Orders of the District Court on 13 June 2007 set aside.
  • Verdict and judgment for the plaintiff in the sum of $203,475 to take effect as at 13 June 2007.