RYAN v COLES MYER LTD [1995] NSWCA 404

RYAN v COLES MYER LTD [1995] NSWCA 404

The plaintiff failed to establish, on the balance of probabilities, a causal nexus between her injury and any negligence by the defendant in the presence of protruding dyna bolts. Contemporaneous evidence, including admissions by the plaintiff and records from medical and ambulance personnel, did not support the claimed cause and made inferential causation unsustainable.

Parties
Appellant: Ryan; Respondent: Coles Myer Ltd
Jurisdiction
Australia
Judgment Date
09 November 1995
Procedural Posture
Civil Appeal / Court of Appeal Decision
Outcome
appeal dismissed
Legal Topics
Negligence, Causation, Evidence
Tort Law Negligence Causation Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Ryan

Appellant

Coles Myer Ltd

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the fall and injury suffered by the plaintiff were caused by the negligence of the defendant as occupier, specifically due to the presence of protruding dyna bolts.
  2. 2 Whether the court could properly infer causation from the presence of dyna bolts and the evidence available.

Ratio Decidendi

The plaintiff failed to establish, on the balance of probabilities, a causal nexus between her injury and any negligence by the defendant in the presence of protruding dyna bolts. Contemporaneous evidence, including admissions by the plaintiff and records from medical and ambulance personnel, did not support the claimed cause and made inferential causation unsustainable.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant must pay the respondent's costs.