BROCK v HILLSDALE BOWLING & RECREATION CLUB LTD [2007] NSWCA 46

New South Wales Court of Appeal

CITATION: BROCK v HILLSDALE BOWLING & RECREATION CLUB LTD [2007] NSWCA 46 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 06/03/07

JUDGMENT DATE: 15 March 2007

JUDGMENT OF: Ipp JA at 1; Tobias JA at 33; Basten JA at 34

DECISION: By majority; (a) The appeal be upheld. ; (b) The judgment of McGrowdie ADCJ be set aside. ; (c) There be judgment and verdict for Ms Brock in the sum of $31,531.11 (being 50% of the damages assessed at $63,062.22). ; (d) There be interest under the Supreme Court Act 1970 (NSW) on the sum $31,531.11 as from 29 November 1999. ; (e) The Club pay Ms Brock's costs of the trial and the costs of the appeal. ; (f) The Club have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise entitled.

CATCHWORDS: TORTS – NEGLIGENCE – DUTY OF CARE – breach of duty – whether the design and configuration of a ramp constructed by the respondent was such that it amounted to a breach of duty on the part of the respondent – whether regard should be had to the fact that the respondent's premises were frequented by elderly people – whether the respondent, in providing a safe environment as occupier, should have had regard to the fact that some of these people might be inadvertent, thoughtless or careless - TORTS – NEGLIGENCE – CAUSATION – whether the flaws in the design and construction of the ramp materially contributed to the appellant's fall

Civil Liability Act 2002 (NSW), Pt 1A; s 15(3); Sch 1, Pt 3, cl 6(1) LEGISLATION CITED: Suitors' Fund Act 1951 (NSW) Supreme Court Act 1970 (NSW)

Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301 Brodie v Singleton Shire Council (2001) 206 CLR 512 Clarke v Coleambally Ski Club [2004] NSWCA 376 Commissioner for Railways v Anderson (1961) 105 CLR 42 Hall v Brooklands Auto Racing Club [1933] 1 KB 205 CASES CITED: Jones v Bartlett (2000) 205 CLR 166 Luxton v Vines (1952) 85 CLR 352 Rogers v Whitaker (1992) 175 CLR 479 Shellharbour City Council v Johnson [2006] NSWCA 67 Vairy v Wyong Shire Council (2005) 223 CLR 422 Watson v George [1953] SASR 219 Wyong Shire Council v Shirt (1980) 146 CLR 40