Jones -V- Dapto Leagues Club Limited [2008] NSWCA 32

In Brief

Mason P; Beazley JA; Bell JA

• The Court of Appeal will overturn a trial judge's decision where the judge's reasoning is contradictory.

• The Court of Appeal considered whether the requirements of s 50 of the Civil Liability Act had been made out.

Background Circumstances

• On 6 July 2002 the plaintiff was playing pool at the defendant's premises.

• Adjacent to the pool table was a barrier in the form of a picket fence on which there were lights on the fence posts. There was a light socket into which a bulb could be screwed. Over and around the bulb was fixed a spherical-shaped lamp. On one of the posts was an exposed socket which lacked both bulb and lamp.