MORGAN v SHERTON PTY LIMITED [1999] NSWCA 60

Reported Decision : 46 NSWLR 141

New South Wales Court of Appeal CITATION : MORGAN v SHERTON PTY LIMITED [1999] NSWCA 60 FILE NUMBER(S) : CA 40076/98 HEARING DATE(S) : 8 March 1999 JUDGMENT DATE : 24 March 1999

PARTIES : Michael Pastrick Morgan - A Sherton Pty Limited - R JUDGMENT OF : Mason P at 1; Sheller JA at 2; Fitzgerald JA at 27

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 7408/95 LOWER COURT JUDICIAL OFFICER : BARD ADCJ

COUNSEL : A S Morrison SC/C P Locke - A D B Studdy - R SOLICITORS : David Velleley - A Colin Biggers & Paisley - R CATCHWORDS : TORTS; NEGLIGENCE; OCCUPIER'S LIABILITY; FORESEEABILITY; RECKLESS BEHAVIOUR Wyong Shire Councl v Shirt (1980) 146 CLR 40 CASES CITED: Romeo v Conservation Commission of the Northern Territory (1986) 192 CLR 431 Phillis v Daly (1988) 15 NSWLR 65 DECISION : Appeal dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40076/98 DC 7408/95 MASON P SHELLER JA FITZGERALD JA

MORGAN v SHERTON PTY LIMITED

On 14 June 1995 the appellant drove to Minchinbury Home Town shopping complex with his wife and child. He parked their car in the complex's car park. At about 5 pm they left the complex, the appellant's wife and child returning directly to the car, while the appellant visited the toilet. On route back to the car, the appellant crossed through a garden bed which divided sections of the car park. There was a clearly designated walkway. While running and jumping over the garden bed the appellant caught his foot on a leafless branch protruding from a bush, causing him to fall onto the bitumen car park on his elbow and consequently suffer injury.