Langham v Connells Point Rovers Soccer Club Inc [2005] NSWCA 461

New South Wales Court of Appeal

Langham v Connells Point Rovers Soccer Club Inc [2005] NSWCA 461 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 12 December 2005

JUDGMENT DATE: 21 December 2005

JUDGMENT OF: Santow J at 1; Tobias JA at 2; Campbell AJA at 82

DECISION: (a) Appeal allowed; (b) Set aside the judgment and orders made by Judge J C Gibson on 15 September 2004 and in lieu thereof order that there be judgment for the appellant in the sum of $233,758; (c) The respondent to pay the appellant's costs of the proceedings in the District Court and 85% of the appellant's costs of the appeal, but to have with respect to the latter, if otherwise qualified, a certificate under the Suitors' Fund Act 1951; (d) Reserve the question of whether the costs referred to in Order (c) above should be paid on an indemnity basis, granting leave in this respect to the appellant to file and serve such evidence and submissions on that issue on or before 25 January 2006 and for the respondent to file any evidence and submissions in reply on or before 3 February 2006 upon the basis that the issue will be determined by the Court on the papers

CATCHWORDS: NEGLIGENCE – Breach of duty – Where plaintiff tripped over rope strung across entranceway to park – Whether risk of injury reasonably foreseeable – "Shirt balancing exercise" – Reasonable response in circumstances – Whether plaintiff failed to exercise reasonable care for own safety – Obviousness of risk - NEGLIGENCE – Assessment of damages – Component for future gratuitous attendant care services – Civil Liability Act s 15

Civil Liability Act 2002 LEGISLATION CITED: Suitors' Fund Act 1951