Action Paintball v Clarke

Action Paintball Pty Ltd appealed to the New South Wales Court of Appeal against a judgment of the District Court which found it liable for negligence and for breach of a statutory warranty under the *Trade Practices Act 1974* (Cth) in favour of the respondent, Mr Clarke. Mr Clarke had suffered an injury during a paintball game conducted by Action Paintball.

The Court of Appeal was required to determine whether Action Paintball owed a duty of care to Mr Clarke, and if so, whether that duty had been breached and if such breach caused Mr Clarke's injuries. Additionally, the Court had to consider whether Action Paintball had breached the implied warranty of fitness for purpose under section 74(1) of the *Trade Practices Act 1974* by supplying materials that were not fit for their intended purpose, and whether any such breach caused Mr Clarke's injuries.

The Court of Appeal found that the evidence did not establish a breach of duty of care by Action Paintball, nor did it establish that any alleged breach caused Mr Clarke's injuries. Similarly, the Court concluded that the evidence was insufficient to establish that the materials supplied were not fit for their purpose or that any such unfitness caused the injury. Consequently, the appeal was allowed, the District Court's judgment was set aside, and judgment was entered in favour of Action Paintball.