Sutherland Shire Council v Safar [2017] NSWCA 203

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sutherland Shire Council v Safar [2017] NSWCA 203 Hearing dates: 24 July 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Before: Macfarlan JA at [1] White JA at [17] Harrison J at [60] Decision: Appeal dismissed with costs Catchwords: TORTS – negligence – occupier's liability – causation – whether primary judge erred in finding that a reasonable person in the position of the appellant would have taken alleged precautions – whether primary judge adequately considered the matters required under s 5B(2) of the Civil Liability Act 2002 (NSW) – whether respondent's injury caused by breach of duty by appellant – whether scope of appellant's liability extended to harm suffered by respondent – where respondent challenged primary judge's finding that the risk causing injury was obvious Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5G, 5D, 5H Cases Cited: Hudson Investment Group Limited v Atanaskovic [2014] NSWCA 255 Laresu v Clark [2010] Aust Tort Reports 82-068; NSWCA 180 Neindorf v Junkovic [2005] HCA 75 Ratewave Pty Limited v BJ Illingby [2017] NSWCA 103 Safar v Sutherland Shire Council [2016] NSWDC 232 Strong v Woolworths Ltd (2012) 246 CLR 182; [2012] HCA 5 Wallace v Kam (2013) 250 CLR 375; [2013] HCA 19 Category: Principal judgment Parties: Sutherland Shire Council (Appellant) Christina Safar (Respondent) Representation: Counsel: J Sexton SC & R Gambi (Appellant) H Marshall SC (Respondent)