Swift v Wearing-Smith

• 1. Tort
  2. › Negligence
  3. › Occupier's liability
  4. › Duty of care owed by residential property owner to social guest
  5. › Content of duty of care
  6. › Whether response to building inspection report identifying corrosion was reasonable
  7. › Whether homeowner required to obtain structural engineering advice beyond recommendations in building report
  8. › Civil Liability Act 2002 (NSW), s 5B
• 1. Tort
  2. › Negligence
  3. › Breach of duty
  4. › Reasonable response to identified risk
  5. › Whether engaging painter to address corrosion identified in building report discharged duty
  6. › Whether failure to obtain further structural assessment constituted breach
  7. › Civil Liability Act 2002 (NSW), s 5B(1)(c), s 5B(2)
• 1. Appeal
  2. › Standard of appellate review
  3. › Findings of fact
  4. › Expert evidence
  5. › Whether primary judge erred in accepting expert's opinion as to mechanism of failure of balustrade
  6. › Whether finding supported by evidence
• 1. Practice and Procedure
  2. › Notice of contention on appeal
  3. › Whether respondent entitled to raise alternative basis for liability not argued at trial
  4. › Coulton v Holcombe principle

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