Hornsby Shire Council v Catling & Ors (No 2) [2002] NSWCA 127

Hornsby Shire Council v Catling & Ors (No 2) [2002] NSWCA 127

The Notice of Motion had no merit because the Court of Appeal had adequately addressed the appellant's causation case in its earlier reasons, including the submissions that the accident occurred on the steeper, unapproved portion of the driveway, and the appellant had not argued at the appeal hearing that the change in driveway level severed causation or relied on March v Stramare.

Jurisdiction
Australia
Judgment Date
08 May 2002
Procedural Posture
Notice of Motion / Court of Appeal; Written Submissions Seeking to Vacate Orders, Reopen Proceedings, and Reconsider the Appeal
Outcome
Notice of Motion dismissed with costs
Legal Topics
['notice of Motion' 'reopening Appeal Proceedings' 'causation' 'adequacy of Reasons']
['civil Procedure' 'negligence' 'appeals'] ['notice of Motion' 'reopening Appeal Proceedings' 'causation' 'adequacy of Reasons']

Case Brief

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Procedural Posture

Notice of Motion / Court of Appeal; Written Submissions Seeking to Vacate Orders, Reopen Proceedings, and Reconsider the Appeal

Legal Issues

  1. 1 ["Whether the Court of Appeal failed to deal with the appellant's submission that the trial judge gave inadequate reasons on causation and that the causation finding was not supported by the evidence." "Whether the Court of Appeal failed to deal with the appellant's submission that the real cause of the accident was the increase in the gradient of the driveway by an unknown third party." 'Whether the appellant should be granted leave to reopen proceedings and have the appeal reconsidered.']

Ratio Decidendi

The Notice of Motion had no merit because the Court of Appeal had adequately addressed the appellant's causation case in its earlier reasons, including the submissions that the accident occurred on the steeper, unapproved portion of the driveway, and the appellant had not argued at the appeal hearing that the change in driveway level severed causation or relied on March v Stramare.

Court Disposition

Notice of Motion dismissed with costs

Orders

  • ['Notice of Motion dismissed with costs.']