Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 (14 September 2001)

[2001] NSWCA 305

Torts – Negligence – Liability – Slip and Fall – Whether employer failed to provide a safe means of access between car park and offices – Whether stairs slippery – Whether expert evidence on slipperiness of stairs should have been accepted by trial judge – Discussion in obiter dicta about credibility of party-witness – Where employee injured whilst walking between roof-top car park and office – Where lack of previous slipping accidents on stairs

Evidence – Opinion – Expert evidence – Admissibility and use – Discussion of common law and statutory requirements – Need for expert witness to reveal factual and intellectual basis of opinion -  Evidence Act 1995  (NSW), ss 76, 77, 78, 79 and 80 – D