STATE OF NEW SOUTH WALES v BROUNE & ANOR [2000] NSWCA 3

New South Wales Court of Appeal

CITATION : STATE OF NEW SOUTH WALES v BROUNE & ANOR [2000] NSWCA 3 FILE NUMBER(S) : CA 40331/98 HEARING DATE(S) : 18 November 1999 JUDGMENT DATE : 18 February 2000

PARTIES : STATE OF NEW SOUTH WALES v LYNDEN ANDREA BROUNE & ANOR JUDGMENT OF : Mason P at 1; Giles JA at 75; Hodgson CJinEq at 76

LOWER COURT JURISDICTION : District Court LOWER COURT DC 8847/95 FILE NUMBER(S) : LOWER COURT Seery ADCJ JUDICIAL OFFICER :

Appellant: P R Sternberg COUNSEL : 1st Respondent: P Menzies QC; R Royle 2nd Respondent: G Curtin Appellant: Crown Solicitor's Office SOLICITORS : 1st Respondent: Packer & Austin 2nd Respondent: Tress Cocks & Maddox CATCHWORDS : Negligence - occupier's liability - licensed premises - owner's control - unlit stairway - Damages - personal injuries - "cushion" award inappropriate - Costs - Bullock award DECISION : Appeal upheld in part - short minutes to be filed

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40331/98 DC 8847/95 MASON P GILES JA HODGSON CJ in Eq Friday 18 February 2000

STATE OF NEW SOUTH WALES v Lynden Andrea BROUNE & ANOR

The plaintiff attended the first session of a sewing course promoted by the Nepean Community College at the premises of Blaxland High School. She arrived in the evening when it was daylight and was directed up to a class upstairs, approached from the car park by two flights of concrete stairs. When the class finished it was dark. So too were the stairs. The plaintiff edged her way down them carrying her belongings, which included a sewing machine that she had to bring to the class. She thought she had reached to bottom step, but was mistaken. She fell and injured her back and leg.