Apex Holiday Centre (Inc) v Lynn

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APEX HOLIDAY CENTRE (INC) -v- LYNN [2005] WASCA 58



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASCA 58
THE FULL COURT (WA)
Case No:FUL:127/20035 OCTOBER 2004
Coram:WHEELER J
EM HEENAN J
SIMMONDS J
31/03/05
43Judgment Part:1 of 1
Result: Appeal allowed in part
B
PDF Version
Parties:APEX HOLIDAY CENTRE (INC)
DAWN ROSEANNE LYNN

Catchwords:

Tort
Occupier's liability
Scope of duty owed by voluntary organisation providing budget holiday accommodation
Injury from falling down steps in dark
Whether negligence from lack of a landing and external lighting
Contributory negligence
Damages for pain and suffering

Legislation:

Occupiers Liability Act 1985 (WA)

Case References:

Arthur Robinson (Grafton) Pty Ltd v Carter (1968) 122 CLR 649
Australian Capital Territory v Badcock (2000) 169 ALR 585
Calder v Boyne Smelters Ltd [1991] 1 Qd R 325
Calin v Greater Union Organisation Pty Ltd (1991) 173 CLR 33
Cekan v Haines (1990) 21 NSWLR 296
Chapman v Hearse (1961) 106 CLR 112
Cran v State of New South Wales [2004] NSWCA 92; (2004) A Tort Rep 81-737
Cubillo v Commonwealth of Australia (2000) 103 FCR 1; (2000) 174 ALR 97
Elford v FAI General Insurance Co Ltd [1994] 1 Qd R 258
Frost v Woolworths Ltd (2000) 144 ACTR 19
Gamser v Nominal Defendant (1977) 136 CLR 145
Geroheev Pty Ltd v Wheare [2004] WASCA 206
Gondoline Pty Ltd v Hanford [2002] WASCA 214
Humberdross v Rapp [1991] 1 Qd R 353
Jamborvic v Australian Capital Territory Health Authority (1992) 108 FLR 8
Jones v Bartlett (2000) 205 CLR 166
Lai Wee Lian v Singapore Bus Service (1978) Ltd [1984] AC 729
Mahony v J Kruscich (Demolitions) Pty Ltd (1985) 156 CLR 522
McLean v Tedman (1984) 155 CLR 306
Mobilio v Balliotis [1998] 3 VR 833
Nelson v John Lysaght (Australia) Ltd (1975) 132 CLR 201
Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313
Oliviera v The State of New South Wales, unreported; SCt of NSW (Spender AJ); No 10607 of 1990; 3 July 1995
P Q v Australian Red Cross Society [1992] 1 VR 19
Pene v Murphy [2004] WASCA 103
Pennington v Norris (1956) 96 CLR 10
Podrebersek v Australian Iron and Steel (1985) 59 ALJR 492
Reed v Fleming [2001] WASCA 424
Richmond Valley Council v Standing [2002] NSWCA 343
Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431
State Government Insurance Commission v Hitchcock, unreported; FCt SCt of WA; Library No 970089; 11 March 1997
State of New South Wales v Napier [2002] NSWCA 402
Struthers v Harris [1983] WAR 123
Sungravure v Meani (1964) 110 CLR 24
Watson v George (1953) 89 CLR 409
Wilkinson v Law Courts Ltd [2001] NSWCA 196
Wilson v Peisley (1975) 7 ALR 571
Wyong Shire Council v Shirt (1980) 146 CLR 40

Brodie v Singleton Shire Council; Ghantous v Hawkesbury City Council (2001) 206 CLR 512
Burwood Council v Byrnes [2002] NSWCA 343
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Details
Case
[2005] WASCA 58
Decision Date

CaseChat Overview and Summary

Apex Holiday Centre Inc. appealed a decision in which they were found liable for injuries sustained by a visitor, Lynn, who fell down steps in the dark. Lynn claimed that the absence of a landing and external lighting constituted negligence on the part of the organisation. The Court of Appeal examined the scope of the duty of care owed by the organisation to its guests and the principles of contributory negligence. The appeal also considered the quantum of damages for pain and suffering awarded to Lynn.

The court addressed whether the organisation, as a voluntary entity providing budget accommodation, owed a duty of care to its guests, akin to that of a common law occupier. It also considered whether the lack of a landing and external lighting amounted to a breach of this duty. Additionally, the court examined whether Lynn's contributory negligence, specifically her failure to use available lighting, should reduce the damages awarded. The court also reviewed the appropriateness of the damages for pain and suffering awarded.

The Court of Appeal found that the organisation did owe a duty of care to its guests, given the nature of the premises and the circumstances of the injury. However, the court concluded that the failure to provide a landing and external lighting did not breach this duty. The court found that Lynn's contributory negligence was significant, as she did not use the lighting that was available. Consequently, the court reduced the damages for pain and suffering. The appeal was allowed in part, with the primary judge's decision on liability and the damages for pain and suffering being altered.

Orders

Orders of the court

Appeal allowed in part

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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