Greater Wollongong City Council v Cowan [1955] HCA 16

High Court of Australia Dixon C.J. Williams, Webb, Kitto and Taylor JJ. Greater Wollongong City Council v Cowan [1955] HCA 16

ORDER Appeal allowed with costs. Order of Full Court of New South Wales discharged. In lieu thereof order that the motion for a new trial be dismissed with costs.

The following judgments were delivered:—

Dixon C.J.

This is an appeal from an order of the Supreme Court of New South Wales granting a new trial. The court consisted of Maxwell, Herron and Clancy JJ. The new trial was granted upon the ground of the discovery of new evidence. The action is an action for damages for personal injuries caused by negligence and the defendant, who is the appellant here, is the Council of the City of Greater Wollongong. The defendant is sued as the occupier of the town hall. The plaintiff, the respondent here, is a lady who is a ratepayer of Greater Wollongong.

On 4th June 1952 she attended at the town hall to pay her son's rates. After paying the amount of the rates over the counter, she turned to go out through the passageway by which she had entered in the front. After taking a few paces, she slipped on the polished linoleum and fell. She was shaken, but apparently at the time she did not regard herself as seriously injured. However, some weeks later—possibly some months—in consequence of pains in her back which, among other things, made it difficult for her to sleep, she consulted a doctor and underwent some surgical processes and other treatment. The result according to medical evidence at the trial, was that she then suffered from what is called traumatic radiculitis.

The declaration contained one count. It alleged that the plaintiff was an invitee and that the council failed to take due care to make the premises reasonably safe and caused or permitted the floor covering to become dangerous and failed to provide any warning.