Richardson v Mt Druitt Workers Club [2011] NSWSC 31

Procedural Posture

Negligence and Breach of Contract Claim Arising From Plaintiff's Fall While Climbing a Locked Gate on Defendant's Premises / Defendant's Application Under Uniform Civil Procedure Rules R 14.28 to Strike Out the Statement of Claim as Disclosing No Reasonable Cause of Action

Legal Issues

1. 1 ["Whether the defendant occupier owed the plaintiff a duty of care, and the scope of any such duty, in relation to the plaintiff's attempt to climb a locked gate." "Whether it was reasonably foreseeable that a patron in the plaintiff's position would climb the locked gate rather than return to the clubhouse for assistance." 'Whether the alleged failures to keep the gate unlocked, warn patrons, or provide an intercom could constitute breach of duty.' "Whether any alleged breach caused the plaintiff's injuries, or whether the plaintiff's own decision to climb the gate was the operative cause." 'Whether Civil Liability Act 2002 ss 5B, 5C, 5D, 5G and 5S defeated the negligence claim.' 'Whether the statement of claim disclosed any reasonable cause of action in negligence or contract.']

Ratio Decidendi

The statement of claim disclosed no reasonable cause of action because it was not reasonably foreseeable in the relevant sense that a person in the plaintiff's position would attempt to climb the locked gate rather than seek assistance to open it; any duty owed by the club as occupier did not extend to protecting the plaintiff from the obvious danger created by his own decision to climb the gate; the alleged failures to warn or provide an intercom did not cause the injury in a commonsense way; the risk was obvious for the purposes of Civil Liability Act 2002 s 5G; and any contributory negligence would have been 100% under s 5S.

Court Disposition

Statement of claim dismissed with costs.

Orders

• ['Statement of claim dismissed with costs.']