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IN THE HIGH COURT OF AUSTRALIA'
REASONS FOR JUDGMENT
Judgment delivered att DIN ree ssecceeennsseetennente
on FRIDAY, 9th AUGUST 1968
'A. C. Brooks, Government Printer, Melbourne
csonys
DONOGHUE
ve
ST. LUKE'S HOSPITAL PLY. LIMITED
Appeal dismissed with costs.
DONOGHUE
Ve
ST. LUKE'S HOSPITAL PTY. LIMITED
JUDGMENT BARWICK C.J.
DONOGHUE
Ve
ST. LUKE'S HOSPITAL PTY. LIMITED
The appellant received a verdict in the
Supreme Court of New South Wales in an action tried
with a jury for the sum of $10,500 as damages for
injuries sustained as the result of what she claimed
was a breach of the respondent's duty of care towards
her as its invitee to its hospital premises in Sydney
known as St. Luke's Hospital. The appellant had slipped
upon the wet surface of terrazzo paving at the entrance
to, and whilst entering, that hospital.
On an appeal by the respondent, the Supreme
Court (Court of Appeal Division) by a majority decision,
set aside that verdict upon the ground that, assuming
the relationship of invitor and invitee to have arisen
between the parties, and the condition of the paving
at the entrance to the hospital to have constituted
an unusual danger in the relevant sense; thére was 'no
material before the jury upon which it could have
concluded that the appellant at the relevant time knew
or ought to have known of that danger. The detailed
facts of the occurrence as established before the jury
and relevant portions of the evidence.are clearly and
sufficiently set out by Mr. Justice Walsh in his judgment
on the respondent's appeal to the Supreme Court. His
Honour, in my opinion, there gives proper emphasis to the
respective facts of the case and I find no need whatever
2.
to add to or to qualify his recital. -Further, I am
content,to gdopt in their entirety his Honour's reasons
for sod the appeal to the Supreme Court and the
manner in which his Honour has expressed them. In my
opinion, this appeal should be dismissed for the same
reasonse
DONOGHUE
Ve
ST. LUKE'S HOSPITAL PTY. LIMITED
JUDGMENT KITTO J.
* DONOGHUE
Ve
ST, LUKE'S HOSPITAL PTY. LIMITED
I agree.
»
JUDGMENT
DONOGHUE
ve.
ST. LUKE'S HOSPITAL PTY. LIMITED
MENZIES J.
DONOGHUE
Ve
ST. LUKE'S HOSPITAL PTY. LIMITED
I agree with the Chief Justice
that this appeal should be dismissed.
DONOGHUE
ST. LUKE'S HOSPITAL PLY. LIMITED
JUDGMENT. WINDEYER J.
DONOGHUE
v.
Sf. LUKE'S HOSPITAL Pry. LIMITED
I agree with the Chief Justice
that this appeal should be dismissed.
DONOGHUE
ve
Sf. LUKE'S HOSPITAL PTY. LIMITED
JUDGMENT OWEN J.
DONOGHUE
ve
Sf. LUKE'S HOSPITAL PTY. LIMITED
For the reasons given by the Chief
Justice I agree that the appeal should be
dismissed.