Hoyts Pty Limited v Burns

[2003] HCA 61
Judgment date
Case number
S450/2002
Before
McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Negligence – Causation - Failure to warn customers that cinema seats retracted automatically - Respondent injured attempting to sit on a retracted seat - Whether Court of Appeal erred in interfering in primary judge's finding that warning sign would not have altered respondent's conduct.

Appeal – Rehearing before Court of Appeal - Relevance of credibility findings - Whether primary judge's conclusion based upon assessment of credibility of party - Whether Court of Appeal erred in disturbing such conclusion - Whether Court of Appeal omitted to find error before substituting its own conclusion on the evidence.

Files
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61.pdf (100.49 KB)