This appeal was heard in the NSW Court of Appeal, this relates to a decision made in the Supreme Court on 14 October 2009. Judgment was given on 19 November 2010.
The appeal was from an unsuccessful Plaintiff in the District Court of NSW and the Court of Appeals decision was to dismiss the appeal.
Essentially this case was lost by the Plaintiff due to factual findings made by the trial judge. The Court undertook a detailed analysis of the evidence provided in trial and determined that the primary trial judge was not in error in reaching the conclusions that he had reached.
The case had no clear ratio worth commenting on apart from the importance of establishing the factual basis of your claim and the importance of trying to obtain evidence relating to prior slips and falls if possible, and clear evidence as to the allegations of negligence such as slip co-efficient testing at the exact site of the accident and at a point close in time to the date and time of the accident.
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