Consolidated Broken Hill Ltd v Edwards [2005] NSWCA 380

Reported Decision : (2005) Aust Torts Reports 81-815

New South Wales Court of Appeal

Consolidated Broken Hill Ltd v Edwards [2005] NSWCA 380 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 02/11/05

JUDGMENT DATE: 11 November 2005

JUDGMENT OF: Giles JA at 1; Ipp JA at 2; Hunt AJA at 77

DECISION: The Appeal is upheld, verdict and judgment set aside and in lieu thereof there will be verdict and judgment for Mr Edwards in the sum of $912,915. Mr Edwards is to pay the costs of the appeal and is allowed a certificate under the Suitors Fund Act 1951 (NSW) if otherwise qualified.

CATCHWORDS: NEGLIGENCE-- occupier's liability -- occupier of private land -- duty of care to trespassers it allowed to pass over its land -- approach to risks -- relevance to breach of duty -- whether reasonable response by occupier to obviousness of risk. - NEGLIGENCE -- contributory negligence -- where deliberate and voluntary decision to undertake obvious and serious risk -- relevance of personal responsibility in apportionment of liability -- plaintiff's duty to take care for own safety. - Section 5R of Civil Liability Act.

LEGISLATION CITED: Civil Liability Act 2002 (NSW)

Australian Safeways Stores Pty Ltd v Zaluzna (1987) 162 CLR Phillis v Daly (1998) 15 NSWLR Romeo v Conservation Commission of Northern Territory (1998) 192 CLR 431 Vairy v Wyong Shire Council [2005] HCA 62 CASES CITED: Mulligan v Coffs Harbour City Council {2005} HCA 63 Thompson v Woolworths (Queensland) Pty Ltd (2005) 79 ALJR 904 Swain v Waverley Municipal Council (2005) 79 ALJR 565 Woods v Multi-Sport Holding Pty Ltd (2002) 208 CLR 460 Ghantous v Hawkesbury City Council (2001) 206 CLR 512 Wyong Shire Council v Vairy; Mulligan v Coff's Harbour City Council [2004] NSWCA 247