THOMSON v GRACE BROS Pty Ltd [1990] NSWCA 176

THOMSON v GRACE BROS Pty Ltd [1990] NSWCA 176

Negligence was not established because the evidence indicated the spillage occurred only a very short time before the plaintiff's fall and it could not be inferred that the defendant knew or ought to have known about the spillage in time to act.

Parties
Appellant: Thomson; Respondent: Grace Bros Pty Ltd
Jurisdiction
Australia
Judgment Date
10 August 1990
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Negligence, Occupiers' Liability, Duty of Care, Slipping Cases
Tort Law Negligence Occupiers' Liability Duty of Care Slipping Cases

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Thomson

Appellant

Grace Bros Pty Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendant was negligent as an occupier when the plaintiff slipped on vomit in the cafeteria
  2. 2 Whether the defendant had notice or ought to have had notice of the spillage so as to trigger a duty to warn or remove it

Ratio Decidendi

Negligence was not established because the evidence indicated the spillage occurred only a very short time before the plaintiff's fall and it could not be inferred that the defendant knew or ought to have known about the spillage in time to act.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs