Dunn v Star City Pty Limited [2004] NSWCA 223

Procedural Posture

Appeal in Negligence Proceedings for Personal Injury Damages / Appeal From District Court Judgment for the Respondent on Liability

Legal Issues

1. 1 ['Whether the respondent breached its duty of care by leaving two mats in the Casino foyer where the appellant tripped.' 'Whether the mats presented an obvious or ordinary risk which the appellant should have anticipated and avoided.' 'Whether the primary judge erred in finding that the appellant tripped on only one mat rather than the combined leading edge of two mats.' 'Whether the absence of evidence from the respondent warranted a Jones v Dunkel inference.' 'Whether the appellant was guilty of contributory negligence.']

Ratio Decidendi

The respondent breached its duty of care because two unattended mats with a combined leading edge of about 15mm were left in a busy pedestrian pathway in the Casino foyer, partly obscured from entrants moving left around the sign and column, where their presence would not reasonably be expected or anticipated. The risk of tripping was real, not slight, and its probability was not low. The appellant did not fail to take reasonable care for her own safety merely because she was not looking at the floor immediately in front of her in that foyer environment, and she was not contributorily negligent.

Court Disposition

Appeal allowed; judgment for the appellant on liability; proceedings remitted to the District Court of New South Wales for assessment of damages only.

Orders

• ['Appeal allowed.' 'Set aside the verdict, judgment and order made by Naughton DJC on 4 August 2003.' 'In lieu thereof, judgment for the appellant on the issue of liability.' 'Order that the proceedings be remitted to the District Court of New South Wales for the assessment of damages only.' 'Order that the...