THE PREMIER GROUP PTY LTD v LIPPIS [2007] NSWCA 36

THE PREMIER GROUP PTY LTD v LIPPIS [2007] NSWCA 36

The appeal was dismissed because the trial judge's findings—that the appellant was negligent in failing to replace the open grate, that the respondent was not primarily responsible for his injuries, and that a 10% apportionment for contributory negligence was appropriate—were well-founded on the evidence; further, there was no error in the approach to pre-existing conditions or calculation of damages.

Parties
Appellant: The Premier Group Pty Ltd; Respondent: Anthony Lippis
Jurisdiction
Australia
Judgment Date
15 February 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Negligence, Contributory Negligence, Damages, Liability, Apportionment, Personal Injury
Torts Negligence Contributory Negligence Damages Liability Apportionment Personal Injury

Case Brief

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Parties

The Premier Group Pty Ltd

Appellant

Anthony Lippis

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge was incorrect in finding the appellant negligent for not replacing an open grate in a drain resulting in respondent's injury
  2. 2 Whether the apportionment for contributory negligence (10%) was too low
  3. 3 Whether the trial judge failed to consider pre-existing conditions affecting damages for general damages and past/future economic loss

Ratio Decidendi

The appeal was dismissed because the trial judge's findings—that the appellant was negligent in failing to replace the open grate, that the respondent was not primarily responsible for his injuries, and that a 10% apportionment for contributory negligence was appropriate—were well-founded on the evidence; further, there was no error in the approach to pre-existing conditions or calculation of damages.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Appellant to pay respondent's costs.