Recent Cases

Farriss v Axford [2023] NSWCA 255 (26 October 2023) (Meagher and Mitchelmore JJA, Simpson AJA)


NEGLIGENCE — Breach — Where first appellant injured hand in electric anchoring mechanism of boat — Whether owners of boat failed to take reasonable precautions such as installation of chain stripper and extension of spurling pipe — Whether warning needed to be given about use of anchor mechanism

NEGLIGENCE — Causation — Failure to warn — Whether first appellant would have chartered boat if warning had been given

APPEALS — Where claim abandoned by counsel at conclusion of trial — Whether claim can be reagitated on appeal

CONSUMER LAW — Consumer guarantees — Where first appellant’s purpose in chartering boat was to partake in leisure cruise — Whether services reasonably fit for purpose