Karaoglu v Fitness First Australia Pty Ltd [2023] NSWCA 229

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Karaoglu v Fitness First Australia Pty Ltd [2023] NSWCA 229 Hearing dates: 29 August 2023 Date of orders: 03 October 2023 Decision date: 03 October 2023 Before: Mitchelmore JA at [1]; Stern JA at [2]; Simpson AJA at [79]. Decision: (1) The appeal is dismissed. (2) The appellant is to pay the respondent's costs of the appeal. Catchwords: NEGLIGENCE – breach of duty of care – lawful occupant of gym – foot plate of leg press collided with head of user – duty to warn – whether failure to decide material issue – where primary judge made findings relevant to duty to warn – no evidentiary basis that warning would have prevented accident from occurring APPEALS – from findings of fact – inferences from primary facts – where primary judge not satisfied leg press fitted with spring – where evidence of spring related to a different machine – no proper evidentiary basis for finding leg press fitted with spring APPEALS – from findings of fact – inferences from primary facts – negligence – damages – where primary judge not satisfied conversion disorder caused by accident – whether primary judge erred – evidence did not support a finding that conversion disorder caused by accident Legislation Cited: Civil Liability Act 2002 (NSW), s 16 Supreme Court Act 1970 (NSW), s 101(1)(a) Cases Cited: Goodrich Aerospace Pty Ltd v Arsic (2006) 66 NSWLR 186; [2006] NSWCA 187 Category: Principal judgment Parties: Deniz Karaoglu (Appellant) Fitness First Australia Pty Ltd (Respondent) Representation: Counsel: J Morris SC / M J Davis (Appellant) J Catsanos SC / R Perla / J Hart (Respondent)