Consolidated Broken Hill Ltd v Edwards [2005] NSWCA 380

Consolidated Broken Hill Ltd v Edwards [2005] NSWCA 380

Obviousness of risk is not determinative; CBH breached duty by allowing rail wagons to be parked knowing the public regularly crossed the bridge, creating foreseeable and avoidable risk. Edwards's contributory negligence was equal to CBH's, as he had opportunity and knowledge to avoid the risk.

Jurisdiction
Australia
Judgment Date
11 November 2005
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
["occupier's Liability" 'contributory Negligence' 'duty of Care' 'personal Responsibility']
['torts' 'negligence'] ["occupier's Liability" 'contributory Negligence' 'duty of Care' 'personal Responsibility']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Liability in negligence of occupier to entrant allowed to pass over land' 'Degree and apportionment of contributory negligence']

Ratio Decidendi

Obviousness of risk is not determinative; CBH breached duty by allowing rail wagons to be parked knowing the public regularly crossed the bridge, creating foreseeable and avoidable risk. Edwards's contributory negligence was equal to CBH's, as he had opportunity and knowledge to avoid the risk.

Court Disposition

appeal upheld

Orders

  • ['Verdict and judgment for Mr Edwards in the sum of $912,915' 'Mr Edwards to pay costs of the appeal' 'Mr Edwards allowed a certificate under the Suitors Fund Act 1951 (NSW) if otherwise qualified']