Alessi v Westfield Shopping Centre Management Co Pty Ltd [2009] NSWCA 244

Alessi v Westfield Shopping Centre Management Co Pty Ltd [2009] NSWCA 244

The primary judge's findings on breach, causation, the reason the travelator was stopped, and the utility of non-slip matting were open on the evidence. The applicant did not demonstrate appellable error giving the proposed appeal reasonable prospects of success, so leave to appeal was refused, although an extension of time to seek leave was granted.

Jurisdiction
Australia
Judgment Date
03 August 2009
Procedural Posture
Application for Leave to Appeal in Negligence Proceedings / Application for Extension of Time to Seek Leave to Appeal and for Leave to Appeal From a District Court Decision
Outcome
Extension of time to seek leave to appeal granted; leave to appeal refused with costs.
Legal Topics
['negligence' 'slip and Fall' "occupier's Liability" 'leave to Appeal' 'extension of Time']
['torts' 'civil Procedure'] ['negligence' 'slip and Fall' "occupier's Liability" 'leave to Appeal' 'extension of Time']

Case Brief

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Procedural Posture

Application for Leave to Appeal in Negligence Proceedings / Application for Extension of Time to Seek Leave to Appeal and for Leave to Appeal From a District Court Decision

Legal Issues

  1. 1 ['Whether an extension of time to seek leave to appeal should be granted.' "Whether leave to appeal should be granted from the District Court decision dismissing the applicant's negligence claim." 'Whether the primary judge erred in finding no breach of duty of care or causation concerning the absence of non-slip matting.' 'Whether the applicant could pursue an argument that barricades should have been erected because the travelator was stopped.' 'Whether the primary judge erred in the hypothetical assessment of damages.']

Ratio Decidendi

The primary judge's findings on breach, causation, the reason the travelator was stopped, and the utility of non-slip matting were open on the evidence. The applicant did not demonstrate appellable error giving the proposed appeal reasonable prospects of success, so leave to appeal was refused, although an extension of time to seek leave was granted.

Court Disposition

Extension of time to seek leave to appeal granted; leave to appeal refused with costs.

Orders

  • ['Extension of time to seek leave to appeal granted.' 'Leave to appeal refused with costs.']