High Court of Australia
94 C.L.R.] OF AUSTRALIA. 605
caused by Morgan and brought to a head by his disappearance. H- ©: oF A. The period which all this took was not long and led to no alteration 1954.
of position by the company or those interested in it. ras In all the circumstances it could not be held that the plaintiff Ee & RADING
was guilty of undue delay or took a course inconsistent with his 6¢" pry, renunciation of his shareholding. It follows that the decree for = Lrn. rescission was rightly made and the appeal should be dismissed w)s, with costs. a
Appeal dismissed with costs.
Solicitors for the appellant, M. G. Lyons & Co. Solicitors for the respondent, R. G. Smith & Smith.
R. A. H.
HIGH COURT [1955.
(HIGH COURT OF AUSTRALIA.]
GREEN AND OTHERS . ; : : : APPELLANTS ; DEFENDANTS, AND PHRRY 4 : : ; : F ; RESPONDENT. PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.
mC. oy A Negligence—Sports arena—Injury to spectator—Reasonable likelihood—Mere possi-
1955. WwW
BRISBANE, July 29,
Aug. 1;
SypNery, Aug. 23.
Dixon C.J., Webb, Fullagar, Kitto and Taylor JJ.
bility—Duty of occupier—Safety fence—A dequacy—E scape of bullock from arena.
Tn a competition of camp drafting, which took place in an arena and consists of a horseman directing a bullock over a marked course within a time-limit, a bullock escaped over the barrier surrounding the arena. The plaintiff, a spectator who was injured, alleged that the occupiers of the ground had negligently failed to take precautions to make the premises safe having regard to the nature of the entertainment or to take any other sufficient steps to ensure that the display was held without undue risk to the spectators. The judge asked the jury whether the plaintiff's injuries were caused by the failure of the defendants to take any, and if so what, precautions to make the grand- stand area as safe for spectators as reasonable care and skill could make it. The jury answered that the plaintiff's injuries were so caused, namely by failure to provide a higher barrier.
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