Hakoah Club Ltd v Robert James Green [2002] NSWCA 242

New South Wales Court of Appeal

CITATION : Hakoah Club Ltd v Robert James Green [2002] NSWCA 242 FILE NUMBER(S) : CA 40518/01 HEARING DATE(S) : 22 July 2002 JUDGMENT DATE : 22 July 2002

PARTIES : Hakoah Club Limited (Appellant) Robert John Green (Respondent) JUDGMENT OF : Hodgson JA at 1; Foster AJA at 14; Brownie AJA at 2

LOWER COURT JURISDICTION : District Court LOWER COURT DC 5648/99 FILE NUMBER(S) : LOWER COURT Sorby DCJ JUDICIAL OFFICER :

COUNSEL : R J Colquhoun (Appellant) I D Cullen (Respondent) SOLICITORS : Moray & Agnew (Appellant) Robert Johns & Company (Respondent) CATCHWORDS : Negligence - foreseeability - no question of principle CASES CITED: Wyong Shire Council v Shirt (1980) 146 CLR 40 DECISION : Appeal allowed with costs. Judgment of District Court set aside. Substitute Judgment for defendant with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40518/01 DC5648/99

HODGSON JA FOSTER AJA BROWNIE AJA

22 July 2002 HAKOAH CLUB LIMITED v ROBERT JAMES GREEN Judgment

1 HODGSON JA: I will ask Brownie AJA to deliver the first judgment.

2 BROWNIE AJA: The appellant was the occupier of a building in which there was a hall. The appellant hired the hall out to Mr De Oliveira for him to conduct a Brazilian Carnival. That involved the provision of a band, singers and facilities for dancing. Within the hall there was a stage. The floor of the stage was about three feet eight inches or 1.1 metres above the floor level of the hall. Upon the stage there was a grand piano which apparently was kept there almost all the time, if not all the time. The grand piano was not needed on the occasion of the Brazilian Carnival.