FRANKLINS LIMITED v. BROWN [2000] NSWCA 177

FRANKLINS LIMITED v. BROWN [2000] NSWCA 177

It had not been demonstrated that immediately prior to the accident the floor was clean and free of loose material; the cleaning system in place was inadequate, and the trial judge was entitled to conclude breach of duty of care.

Jurisdiction
Australia
Judgment Date
11 July 2000
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['dangerous Premises' 'duty of Care' 'injury to Entrant']
['tort' 'negligence'] ['dangerous Premises' 'duty of Care' 'injury to Entrant']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the defendant breached its duty of care by failing to prevent injuries from loose materials on the floor' 'Whether the cleaning system instituted by the defendant was inadequate']

Ratio Decidendi

It had not been demonstrated that immediately prior to the accident the floor was clean and free of loose material; the cleaning system in place was inadequate, and the trial judge was entitled to conclude breach of duty of care.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']