Parker v City of Bankstown RSL Community Club Ltd [2015] NSWCA 246

Parker v City of Bankstown RSL Community Club Ltd [2015] NSWCA 246

The appellant failed to demonstrate that the strip lighting on the steps was not illuminated or was inadequate at the time of her fall; the evidence accepted by the primary judge supported that the lighting was on and adequate, and there was no breach of duty established by the respondents. The appeal was accordingly dismissed.

Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['negligence' "occupier's Liability" 'personal Injury' 'litigation Procedure']
['torts'] ['negligence' "occupier's Liability" 'personal Injury' 'litigation Procedure']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the respondents were negligent in relation to the lighting of steps in the auditorium where the appellant was injured' 'Whether the strip lighting on the steps was illuminated at the time of the fall' 'Whether the step was adequately lit and presented a hazard']

Ratio Decidendi

The appellant failed to demonstrate that the strip lighting on the steps was not illuminated or was inadequate at the time of her fall; the evidence accepted by the primary judge supported that the lighting was on and adequate, and there was no breach of duty established by the respondents. The appeal was accordingly dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']