State Rail Authority of NSW v Luckwell

• 1. Negligence
  2. › Personal injuries
  3. › Liability
  4. › Occupier's liability
  5. › Railway platform
  6. › Uneven surface
  7. › Whether plaintiff tripped on ridge between concrete and bitumen surfaces
  8. › Whether trial judge entitled to accept plaintiff's account over defendant's witnesses
• 1. Appeal
  2. › Standard of appellate review
  3. › Findings of fact by trial judge
  4. › Whether appellate court should interfere with trial judge's factual findings
  5. › Devries v Australian National Railways Commission applied
• 1. Damages
  2. › Assessment
  3. › Personal injuries
  4. › Loss of dominant arm
  5. › Non-economic loss
  6. › Future prostheses
  7. › Future wage loss
  8. › Whether trial judge's assessment within proper range
• 1. Evidence
  2. › Hearsay
  3. › Representations in relation to health
  4. › Admissibility under Evidence Act 1995 (NSW), s 64(3)
  5. › Whether discretion to exclude under ss 135, 136 should have been exercised

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