Given v The President of the Sydney Union & Ors [1999] NSWCA 233

New South Wales Court of Appeal CITATION : Given v The President of the Sydney Union & Ors [1999] NSWCA 233 FILE NUMBER(S) : CA 40624/98 HEARING DATE(S) : 24 May 1999 JUDGMENT DATE : 24 May 1999

Amanda Jane Given - A PARTIES : The President of the Sydney Union - 1R University of Sydney - 2R Anchor Moprtlock & Woolley Pty Ltd - 3R JUDGMENT OF : Handley JA at 12; Giles JA at 13; Brownie AJA at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 6585/97 LOWER COURT JUDICIAL OFFICER : George ADCJ

Appellant - L T Grey & V J Webster COUNSEL : First and Second Respondents - G M Gregg & I D Faulkner Third Respondent - N/A Appellant - Phillips Fox SOLICITORS : First and Second Respondents - Colin Biggers & Paisley Third Respondent - Minter Ellison CATCHWORDS : Turns on its own facts. DECISION : Appeal dismissed with costs.

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40624/98 DC 6585/97

HANDLEY JA GILES JA BROWNIE AJA Monday 24 May 1999 GIVEN V. THE PRESIDENT OF THE SYDNEY UNION & ORS. JUDGMENT

1 BROWNIE AJA: The appellant was injured on 25 May 1989 when she fell whilst descending a flight of stairs. The first and second respondents can be taken for present purposes to have been the occupiers of the relevant building. The third respondent was the architect who had designed the stairs. The appellant sued the respondents for damages for negligence and the learned trial judge, George AJ, found that negligence had not been established as against any of the respondents.

2 The appellant was at the time an executive officer at the University of Tasmania Union. She attended a conference of the International Association of College Unions held at the University of Sydney and on the last day of that conference she was to have gone to a dinner held at the Wentworth Building. Pre dinner drinks were served in a room in the Wentworth Building called the Art Gallery situated on level 5. The dinner was to be held in a room referred to as the banquet room located on level 4. The plaintiff was injured when going from level 5 to level 4. There were two staircases available for use referred to as the main staircase and the fire stairs. The appellant was in a group of people directed to use the fire stairs.