Lithgow City Council v Jackson

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HEYDON, CRENNAN AND BELL JJLITHGOW CITY COUNCIL  APPELLANTANDCRAIG WILLIAM JACKSON  RESPONDENTLithgow City Council v Jackson [2011] HCA 3628 September 2011S66/2011ORDER1.     Appeal allowed.2.Set aside the order of the Court of Appeal of the Supreme Court of New South Wales dated 11 June 2010 and in its place order that: (a)the appeal to that Court be dismissed with costs, including costs of and incidental to the first appeal to that Court (40614 of 2007); and(b)the respondent, Craig William Jackson, pay the costs of the appellant, Lithgow City Council, of the special leave application to the High Court of Australia in the matter S569/2008.3.     The respondent pay the appellant's costs in this Court.On appeal from the Supreme Court of New South WalesRepresentationS R Donaldson SC with S E McCarthy for the appellant (instructed by DLA Piper Australia)A S Morrison SC with D W Elliott for the respondent (instructed by Gerard Malouf & Partners)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSLithgow City Council v JacksonEvidence – Admissibility – Opinion evidence – Section 78 of Evidence Act 1995 (NSW) ("Act") provided that rule excluding evidence of opinion does not apply where "opinion is based on what the person saw, heard or otherwise perceived about a matter or event" and evidence "is necessary to obtain an adequate account or understanding of the person's perception of the matter or event" – Respondent found unconscious and injured in drain...