EGGER v GOSFORD SHIRE COUNCIL [1988] NSWCA 44

EGGER v GOSFORD SHIRE COUNCIL [1988] NSWCA 44

The Court decided to proceed with the appeal without making a finding as to whether the specific negligence issue was litigated before Smart J, leaving the issue open and giving directions for introduction of further affidavit material if required.

Parties
Appellant: Egger; Respondent: Gosford Shire Council
Jurisdiction
Australia
Judgment Date
23 June 1988
Procedural Posture
Appeal / Interlocutory Decision
Outcome
Court to proceed with appeal, issue reserved
Legal Topics
Negligence, Requirements for Pleadings, Adducing Further Evidence on Appeal
Tort Law Civil Procedure Negligence Requirements for Pleadings Adducing Further Evidence on Appeal

Case Brief

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Parties

Egger

Appellant

Gosford Shire Council

Respondent

Procedural Posture

Appeal / Interlocutory Decision

Legal Issues

  1. 1 Whether the issue of Council negligence for failure to require removal or remediation of works carried out in 1974 was litigated at first instance
  2. 2 Procedure for adducing further material on appeal

Ratio Decidendi

The Court decided to proceed with the appeal without making a finding as to whether the specific negligence issue was litigated before Smart J, leaving the issue open and giving directions for introduction of further affidavit material if required.

Court Disposition

Court to proceed with appeal, issue reserved

Orders

  • Any party wishing to amplify the material before Smart J by oral material must do so by affidavit, to be filed and served by 4 pm 27 June 1988