Recent Cases

Payne trading as Sussex Inlet Pontoons v Liccardy [2023] NSWCA 73 (20 April 2023) (Brereton and Beech-Jones JJA, Basten AJA)


Catchwords:


NEGLIGENCE – intoxication – injury suffered when reboarding pleasure craft from water –impairment of capacity to exercise reasonable care and skill due to intoxication – whether injuries likely to have occurred if person had not been intoxicated – whether “likely to have occurred” means more probable than not – whether intoxication contributed in any way to injuries – extent of reduction for contributory negligence –