Joslyn v Berryman

HIGH COURT OF AUSTRALIAMcHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJMatter No S122/2002SALLY INCH JOSLYN  APPELLANTANDALLAN TROY BERRYMAN & ANOR  RESPONDENTSMatter Nos S125/2002 and S126/2002WENTWORTH SHIRE COUNCIL  APPELLANTANDALLAN TROY BERRYMAN & ANOR  RESPONDENTSJoslyn v BerrymanWentworth Shire Council v Berryman[2003] HCA 3418 June 2003S122/2002, S125/2002 and S126/2002ORDERIn each matter:1.        Appeal allowed.2.Set aside paragraphs 1, 2 and 3 of the order of the Court of Appeal of New South Wales made on 11 April 2001.3.Remit matter to the Court of Appeal of New South Wales for determination of the issues not so far dealt with and the cross-appeal regarding the assessment of the contributory negligence of the first respondent.  4.First respondent to pay the costs of the appeal to this Court.On appeal from the Supreme Court of New South WalesRepresentation:Matter No S122/2002D F Jackson QC with G I Charteris for the appellant (instructed by McMahons National Lawyers)M L Williams SC with P R McGuire for the first respondent (instructed by Carroll & O'Dea)P R Garling SC with J M Morris for the second respondent (instructed by Phillips Fox)Matter Nos S125/2002 and S126/2002P R Garling SC with J M Morris for the appellant (instructed by Phillips Fox)M L Williams SC with P R McGuire for the first respondent (instructed by Carroll & O'Dea)D F Jackson QC with G I Charteris for the second respondent (instructed by McMahons National Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSJoslyn v BerrymanWentworth Shire Council...