Wilkinson v Law Courts Limited [2001] NSWCA 196

Wilkinson v Law Courts Limited [2001] NSWCA 196

The occupier did not breach its duty of care to the appellant. The steps complied with relevant codes and were of ordinary dimensions; the absence of handrails, edge delineation and warning signs was not, in all the circumstances, negligent. Departure from AS 1657 was irrelevant, as it did not apply. The risk was obvious and reasonable precautions were taken.

Parties
Appellant: Michael Wilkinson; Respondent: Law Courts Limited
Jurisdiction
Australia
Judgment Date
25 June 2001
Procedural Posture
Civil Appeal / Court of Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Occupier's Liability, Public Buildings, Breach of Duty, Standard of Care
Torts Negligence Duty of Care Occupier's Liability Public Buildings Breach of Duty Standard of Care

Case Brief

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Parties

Michael Wilkinson

Appellant

Law Courts Limited

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether occupier of public building breached duty of care toward person who fell down external steps
  2. 2 Whether dimensions of steps, lack of hand-rails, edge-delineation strips or warning signs constituted negligence
  3. 3 Whether the absence of safety measures was causally connected to the injury

Ratio Decidendi

The occupier did not breach its duty of care to the appellant. The steps complied with relevant codes and were of ordinary dimensions; the absence of handrails, edge delineation and warning signs was not, in all the circumstances, negligent. Departure from AS 1657 was irrelevant, as it did not apply. The risk was obvious and reasonable precautions were taken.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay the respondent's costs of the appeal