HRYBYNYUK v. MAZUR [2004] NSWCA 374

Reported Decision : (2004) Aust Torts Reports 81-774

New South Wales Court of Appeal

CITATION : HRYBYNYUK v. MAZUR [2004] NSWCA 374 HEARING DATE(S) : 13 August 2004 JUDGMENT DATE : 19 October 2004

JUDGMENT OF : Sheller JA at 1; Beazley JA at 2; Ipp JA at 30 DECISION : Appeal dismissed with costs

CATCHWORDS : NEGLIGENCE - Duty of care - Unincorporated association. - NEGLIGENCE - Duty of care - Volunteers - A person who seeks the services of a volunteer may be liable in negligence. - NEGLIGENCE - Duty of care - Breach - Necessity for evidence - there is no breach of duty where there is no evidence that the fault in the building which resulted in the appellant falling would have been detected through a building inspection - There is no breach of duty where there is no evidence that a person with appropriate supervisory skills would have directed the appellant not to climb the roof. - UNINCORPORATED ASSOCIATION - No duty of care owed by one member of an unincorporated association to another if that is the only relationship between them - Membership of the association's committee is not sufficient to displace this principle - Any duty of care must be established on ordinary principles of negligence in the particular circumstances. Donoghue v. Stevenson [1932] AC 562 Harrison v. West of Scotland Kart Club & Ors. [2000] Scots CS 284 Hehir v. Harvie & Duffield [1949] SASR 77 CASES CITED : Owen v. Northampton Borough Council [1992] 156 LGR 23 Prole v. Allen [1950] 1 All ER 476 Robertson v. Ridley & Anor. [1989] 1 WLR 872 Rockdale Beef Pty. Limited v. Carey [2003] NSWCA 132 Smith v. Yarnold [1969] 2 NSWR 410 PARTIES : Ivan Hrybynyuk (Appellant) Bronislav Mazur (Respondent) FILE NUMBER(S) : CA 41096/2003 COUNSEL : A. Morrison SC (Appellant) P. Garling SC/R. Cavanagh (Respondent) SOLICITORS : Owen Hodge Lawyers (Appellant) Henry Davis York (Respondent)