MANSFIELD v NELSON BAY BOWLING & RECREATION CLUB [2007] NSWDC 20

New South Wales District Court

CITATION: MANSFIELD v NELSON BAY BOWLING & RECREATION CLUB [2007] NSWDC 20

HEARING DATE(S): 21-22 February 2007 EX TEMPORE JUDGMENT DATE : 26 February 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Verdict for the defendant; 2. Stood over to 9.30 on 6.3.07 for argument on the issues of costs and any application for a stay.

CATCHWORDS: Liability of club for hole in public open space used by patrons to park and for pedestrian access to club premises.

Bennett v Manly Council & Sydney Water Corporation (2006) 146 LGERA 60, Brady v Girvan Bros Pty Ltd (1986) 7 NSWLR 241, CASES CITED: Bulmer v Ryde Municipal Council (1976) 34 LGRA 300, Sutherland Shire Council v Heyman (1985) 157 CLR 424, Turnbull v Alm & anor [2004] NSWCA 173 Wyong Council v Shirt (1980) 146 CLR 40

PARTIES: Michelle Ann MANSFIELD NELSON BAY BOWLING & RECREATION CLUB ACN 071 145 287

FILE NUMBER(S): Newcastle 354/05

P J Kirby - Plaintiff COUNSEL: D S Weinberger - Defendant

Rankin Nathan Lawyers - plaintiff SOLICITORS: McCabe Terrill - defendant

JUDGMENT

1 In this matter Michelle Anne Mansfield fell into a large hole when walking to the home of a friend after attending the Nelson Bay Bowling and Recreation Club. The incident occurred at approximately 11.15pm on 12 September 2002. Alcohol was not an issue in the claim. Ms Mansfield holds the club responsible for the hole into which she fell and seeks damages for injuries that she suffered and from which she claims that she is considerably disabled.