Frisbo Holdings v Austin Australia [2010] NSWSC 155

Frisbo Holdings v Austin Australia [2010] NSWSC 155

The plaintiffs failed to establish that the defendants would have been liable to Mr Ryan or that the plaintiffs themselves were liable to Mr Ryan. Reasonable care did not require the provision of steps or a handrail for a young, fit user in circumstances where their absence accorded with usual industry practice, the Australian Standards were not determinative, and there had been no prior accidents. In any event, the evidence showed that steps or a handrail would not have made a difference to Mr Ryan's course of action, so causation was not established. The barrier/separation and slippery surface allegations also failed. The pure economic loss claim was not maintainable because the...

Jurisdiction
Australia
Judgment Date
11 March 2010
Procedural Posture
Common Law Claim for Contribution or Indemnity and Pure Economic Loss Arising From Settlement of Personal Injury Proceedings; First Defendant Cross Claim Against Second Defendant / Trial Judgment
Outcome
Verdict and judgment for the defendants; verdict and judgment for the second defendant on the first defendant's cross-claim with costs; plaintiffs ordered to pay the defendants' costs.
Legal Topics
['joint Tortfeasors' 'liability to Contribute to Settlement' 'duty of Care' 'breach of Duty' 'causation' 'australian Standards for Pool and Spa Design' 'limitation Defence on Cross Claim']
['common Law' 'torts' 'negligence' 'contribution Between Tortfeasors' 'pure Economic Loss'] ['joint Tortfeasors' 'liability to Contribute to Settlement' 'duty of Care' 'breach of Duty' 'causation' 'australian Standards for Pool and Spa Design' 'limitation Defence on Cross Claim']

Case Brief

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Procedural Posture

Common Law Claim for Contribution or Indemnity and Pure Economic Loss Arising From Settlement of Personal Injury Proceedings; First Defendant Cross Claim Against Second Defendant / Trial Judgment

Legal Issues

  1. 1 ['Whether the defendants would, if sued by Mr Ryan, have been liable in respect of the same damage for the purposes of s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946.' 'Whether reasonable care required the provision of steps and a handrail for the spa, or a barrier or separation between the spa and pool, or a safer non-slip surface.' "Whether any breach by the defendants caused or materially contributed to Mr Ryan's injury." 'Whether the plaintiffs established that they were liable to Mr Ryan in the settled personal injury proceedings.' 'Whether the defendants owed the plaintiffs a direct duty for pure economic loss.' 'Whether the first defendant was entitled to relief on its cross-claim against the second defendant.']

Ratio Decidendi

The plaintiffs failed to establish that the defendants would have been liable to Mr Ryan or that the plaintiffs themselves were liable to Mr Ryan. Reasonable care did not require the provision of steps or a handrail for a young, fit user in circumstances where their absence accorded with usual industry practice, the Australian Standards were not determinative, and there had been no prior accidents. In any event, the evidence showed that steps or a handrail would not have made a difference to Mr Ryan's course of action, so causation was not established. The barrier/separation and slippery surface allegations also failed. The pure economic loss claim was not maintainable because the...

Court Disposition

Verdict and judgment for the defendants; verdict and judgment for the second defendant on the first defendant's cross-claim with costs; plaintiffs ordered to pay the defendants' costs.

Orders

  • ['Verdict and judgment for the defendants.' "Verdict and judgment for the second defendant on the first defendant's cross claim with costs." "The plaintiffs to pay the defendants' costs."]