Hilas v Todbern Pty Ltd (trading as Hurstville Supercentre) [2007] NSWCA 315

Hilas v Todbern Pty Ltd (trading as Hurstville Supercentre) [2007] NSWCA 315

The stairs complied with relevant safety standards; there was no evidence of a history of slipping sufficient to put the opponent on notice that the stairs were unusually slippery when wet. No breach of duty of care was established. Leave to extend time to appeal was refused due to lack of reasonable prospects.

Parties
Claimant: Christine Hilas; Opponent: Todbern Pty Ltd t/as Hurstville Supercentre
Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Appeal / Leave to Appeal and Extension of Time—determined
Outcome
Summons dismissed; leave to extend time in which to appeal refused; claimant to pay opponent's costs.
Legal Topics
Negligence, Duty of Care, Breach of Duty, Slip and Fall, Reasonable Precautions
Tort Law Occupiers' Liability Negligence Duty of Care Breach of Duty Slip and Fall Reasonable Precautions

Case Brief

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Parties

Christine Hilas

Claimant

Todbern Pty Ltd t/as Hurstville Supercentre

Opponent

Procedural Posture

Appeal / Leave to Appeal and Extension of Time—determined

Legal Issues

  1. 1 Whether the opponent breached duty of care to the claimant in relation to the stairway when wet
  2. 2 Whether the stairs complied with relevant safety standards
  3. 3 Whether the opponent should have reasonably foreseen and taken precautions against risk of injury from rainwater on stairs

Ratio Decidendi

The stairs complied with relevant safety standards; there was no evidence of a history of slipping sufficient to put the opponent on notice that the stairs were unusually slippery when wet. No breach of duty of care was established. Leave to extend time to appeal was refused due to lack of reasonable prospects.

Court Disposition

Summons dismissed; leave to extend time in which to appeal refused; claimant to pay opponent's costs.

Orders

  • Summons dismissed.
  • Leave to extend time in which to appeal refused.