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.