MORGAN v SHERTON PTY LIMITED [1999] NSWCA 60

MORGAN v SHERTON PTY LIMITED [1999] NSWCA 60

The scope of the occupier's duty of care does not extend to guarding against risks arising from deliberate or reckless behaviour by entrants, such as running and jumping over garden beds in poor light. The appellant's conduct was outside the duty owed, and the injury was not within foreseeable risk requiring action by the occupier.

Jurisdiction
Australia
Judgment Date
24 March 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
["occupier's Liability" 'foreseeability' 'reckless Behaviour']
['torts' 'negligence'] ["occupier's Liability" 'foreseeability' 'reckless Behaviour']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the occupier breached its duty of care to the appellant by failing to remove a hazardous protruding branch from the garden bed' "The scope of foreseeability in occupier's liability cases when the entrant behaves recklessly"]

Ratio Decidendi

The scope of the occupier's duty of care does not extend to guarding against risks arising from deliberate or reckless behaviour by entrants, such as running and jumping over garden beds in poor light. The appellant's conduct was outside the duty owed, and the injury was not within foreseeable risk requiring action by the occupier.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal is dismissed with costs.']