Commissioner for Railways (NSW) v Cardy [1960] HCA 45
Where an occupier knows or should know that children are likely to enter upon land and has created a concealed danger, especially one alluring to children, the occupier owes a duty to warn or take precautions; the jury was entitled to find the defendant liable either as an occupier to a licensee or pursuant to a broader duty of care arising from the circumstances.
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / Final Judgment High Court
- Outcome
- Appeal dismissed
- Legal Topics
- ["occupier's Liability" 'duty of Care' 'negligence' 'liability to Licensees and Trespassers' 'concealed Dangers' 'children and Liability']
Case Brief
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Procedural Posture
Appeal / Final Judgment High Court
Legal Issues
- 1 ["Whether the plaintiff was a licensee or trespasser when injured on the Commissioner's land" 'Whether the defendant owed a duty of care regarding concealed dangers to persons (especially children) entering the land' 'Whether the defendant discharged its duty by warning or exclusion' "Contributory negligence in relation to the plaintiff's conduct"]
Ratio Decidendi
Where an occupier knows or should know that children are likely to enter upon land and has created a concealed danger, especially one alluring to children, the occupier owes a duty to warn or take precautions; the jury was entitled to find the defendant liable either as an occupier to a licensee or pursuant to a broader duty of care arising from the circumstances.
Court Disposition
Appeal dismissed
Orders
- ['Appeal dismissed with costs.']
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