Court of Appeal

Johnson & Anor v Hancock [2014] QCA 130 (13/9327) Gotterson JA and Boddice and Thomas JJ 3 June 2014

Full-text: QCA14-130.pdf

Catchwords

TORTS – NEGLIGENCE – PROOF OF NEGLIGENCE – WEIGHT AND CREDIBILITY OF EVIDENCE – where the deceased fell into a latent drainage pipe while gardening on the appellants’ premises and injured his knee – where the deceased’s death was caused by the injury to his knee – where the appellants gave testimony they did not know about the drainage pipe – where the trial judge found the appellants knew about the drainage pipe – where the trial judge found the deceased’s death was caused by the appellants’ negligence in failing to warn the deceased about the presence of the drainage pipe – whether the facts found by the trial judge to support the conclusion of negligence were reasonable and against the evidence and the weight of that evidence