Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369

Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369

Both the Club and Hassell Ltd were negligent: the Club failed to install a balustrade or maintain the garden bed so patrons could see a sharp drop, while Hassell's design foreseeably included vegetation apt to obscure the drop and lacked adequate safety barriers. The Club's greater responsibility was due to its occupation and ongoing maintenance; Hassell held a lesser contributory share as designer. Contributory negligence by Mr Turner was properly assessed at 15%.

Jurisdiction
Australia
Judgment Date
22 December 2016
Procedural Posture
Appeal and Cross Appeals / Court of Appeal Decision
Outcome
Appeal and both cross-appeals allowed in part.
Legal Topics
["occupier's Liability" 'liability of Landscape Architect' 'contributory Negligence' 'statutory Contribution']
['tort Law' 'negligence'] ["occupier's Liability" 'liability of Landscape Architect' 'contributory Negligence' 'statutory Contribution']

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Procedural Posture

Appeal and Cross Appeals / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether Harrington Grove Country Club was negligent in failing to prevent patron injury at car park' 'Whether Hassell Ltd as landscape architect was negligent in car park design' 'Extent of contributory negligence by Glenn Turner' 'Statutory contribution between Club and architect']

Ratio Decidendi

Both the Club and Hassell Ltd were negligent: the Club failed to install a balustrade or maintain the garden bed so patrons could see a sharp drop, while Hassell's design foreseeably included vegetation apt to obscure the drop and lacked adequate safety barriers. The Club's greater responsibility was due to its occupation and ongoing maintenance; Hassell held a lesser contributory share as designer. Contributory negligence by Mr Turner was properly assessed at 15%.

Court Disposition

Appeal and both cross-appeals allowed in part.

Orders

  • ['Set aside orders 1 and 2 made on 6 November 2015 and 1-3 made on 4 December 2015.' "Order that Hassell pay Mr Turner's costs of the appeal and cross-appeals." 'Direct parties to supply, within 28 days, agreed short minute of order or individual short minutes and submissions for any dispute.']