Jones v Bartlett [2000] HCA 56

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

MARC JARRAD JONES APPELLANT

AND

GRAHAM BARTLETT & ANOR RESPONDENTS

Jones v Bartlett [2000] HCA 56

16 November 2000

P59/1999

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Western Australia

Representation:

E M Heenan QC with C P Shanahan for the appellant (instructed by Butcher Paull & Calder)

M W Odes QC with S H Hay for the respondents (instructed by Phillips Fox)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Jones v Bartlett & Anor

Negligence – Duty of care – Person lawfully on premises injured by glass door – Scope of landlord's duty of care to a person who resides on premises – Scope of landlord's duty of care in respect of state of premises – Whether duty to have premises inspected by expert.

Contracts – Tenancy agreement – Whether s 11 of the Property Law Act 1969 (WA) allows a third party to sue for breach of tenancy agreement.

Statutory liability – Occupiers' liability – Whether landlord was an "occupier of premises" under s 5(1) of the Occupiers' Liability Act 1985 (WA) – Duty of landlord under s 9(1) of the Occupiers' Liability Act 1985 (WA).

Residential Tenancies Act 1987 (WA), s 42.

Property Law Act 1969 (WA), s 11.

Occupiers' Liability Act 1985 (WA), ss 5(1), 9(1).

Words and phrases – "occupier of premises".

1. GLEESON CJ. The question in this appeal is whether the respondents, the owners of a dwelling house at Mt Pleasant in Western Australia, are liable to the appellant, the son of the tenants of the house, who injured himself by carelessly putting his knee through a glass door in the house. 2. Damages were agreed in the sum of $75,000. At the trial in the District Court, the issue was liability. 3. At first instance, Commissioner Reynolds found in favour of the appellant[1]. The decision was based upon the Occupiers' Liability Act 1985 (WA). A finding of contributory negligence was made against the appellant, and damages were reduced by fifty per cent. Judgment was entered for $37,500. An appeal to the Full Court of the Supreme Court of Western Australia (Murray, White and Scott JJ) was allowed[2]. The Full Court ordered that the appellant's claim be dismissed. By special leave, the appellant appeals to this Court.