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Judgment date
Case number
S513/2004
S98/2005
S131/2005
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Catchwords
Appeal and new trial – Practice and Procedure - New South Wales - Powers of court - Sufficiency of trial judge's reasons - Miscarriage of fact-finding process - Exercise of power to order new trial - New trial ordered by Court of Appeal on a limited factual basis - Substituted factual finding decisive on issue of causation - Whether Court of Appeal was right to order a new trial on this limited basis.
Torts – Negligence - Causation - Person suffered injury when entering water from jetty - Absence of a handrail - Public authorities and yacht club responsible for design or approval of jetty - Whether person entered the water deliberately - Contributory negligence.
Supreme Court Act 1970 (NSW) – s 75A.
Supreme Court Rules 1970 (NSW) – Pt 51 r 23.