Apex Holiday Centre (Inc) v Lynn

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.