BULMER v PORT STEPHENS COUNCIL [2007] NSWDC 205

New South Wales District Court

CITATION: BULMER v PORT STEPHENS COUNCIL [2007] NSWDC 205

HEARING DATE(S): 26-27/9/07 EX TEMPORE JUDGMENT DATE : 28 September 2007

JURISDICTION: CIVIL

JUDGMENT OF: Sidis DCJ

DECISION: Stood over to 3 October 2007 at 9.30am for mention to appoint a date to deal with the costs issues and the making of final orders.

CATCHWORDS: Occupiers liability - foreseable risk - reasonable response

CASES CITED: Phillis v Daly (1988) 15 NSWLR 65 Wyong Council v Shirt (1980) 146 CLR 40

Geoffrey BULMER - Plaintiff PARTIES: PORT STEPHENS COUNCIL - Defendant NORTHERN BLUES RLFC INC - Cross defendant

FILE NUMBER(S): Newcastle 188/06

P J Kirby - Plaintiff COUNSEL: P R Cummings - Defendant - Cross claimant A J Hourigan - Cross defendant

Turnbull Hill Lawyers - Plaintiff SOLICITORS: Moray & Agnew - Defendant - Cross claimant Shearman Lawyers - Cross defendant

JUDGMENT

1 Geoffrey Stewart Bulmer retired in 2001 and moved with his wife to Anna Bay. Mrs Bulmer found employment in Newcastle. Mr Bulmer, a man of some experience and skill in management and administration, became involved in the activities of the Northern Blues Rugby League Football Club Inc. He became the secretary of the club in March 2004. The club played its home games at Tomaree sporting complex and used the oval and the building at Tomaree occupied and controlled by Port Stephens Council.

2 The facilities were used pursuant to a sporting facility use agreement between the club and the council dated 19 February 2004, part of which is in evidence as exhibit 6. The building was used during the football season for home games and at various times for functions and meetings. The upper storey of the building comprised a number of components including a main function area, the Elizabeth Waring room, and two storage areas referred to as multi-rooms.