Wolfenden v International Theme Park Pty Ltd (trading as Wonderland) & Anor [2008] NSWCA 78

Wolfenden v International Theme Park Pty Ltd (trading as Wonderland) & Anor [2008] NSWCA 78

By majority, the evidence did not establish on the balance of probabilities that the appellant’s fall was caused by her foot stepping on the black tape as opposed to an accidental fall during a high kick; accordingly, causation was not proven and the appeal failed.

Parties
Appellant: Simone Wolfenden; First Respondent: International Theme Park Pty Ltd (trading as Wonderland); Second Respondent: The Trustees of the Roman Catholic Church for the Diocese of Parramatta
Jurisdiction
Australia
Judgment Date
02 May 2008
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Negligence, Causation, Personal Injury, Standard of Care, Evidence in Civil Proceedings
Tort Law Negligence Causation Personal Injury Standard of Care Evidence in Civil Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Simone Wolfenden

Appellant

International Theme Park Pty Ltd (trading as Wonderland)

First Respondent

The Trustees of the Roman Catholic Church for the Diocese of Parramatta

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant’s fall was caused by slipping on the black tape marking the dance area (causation)
  2. 2 Whether negligence and breach of duty were established
  3. 3 Whether sufficient evidence was available to infer causation by the tape rather than other factors

Ratio Decidendi

By majority, the evidence did not establish on the balance of probabilities that the appellant’s fall was caused by her foot stepping on the black tape as opposed to an accidental fall during a high kick; accordingly, causation was not proven and the appeal failed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs