Bartolo v Owners of Strata Plan No. 10535 and 2 Ors

The appellant, Mr Bartolo, sought damages against the owners of Strata Plan No. 10535 and two other respondents after sustaining injuries from a fall. Mr Bartolo tripped on a raised concrete lip in a driveway between two blocks of flats while carrying a ladder. The appeal was heard by Santow, Tobias, and McColl JJA in the Court of Appeal of New South Wales.

The central legal issues before the court were whether the risk of injury from the raised concrete lip was reasonably foreseeable, and whether the duty of care owed by the occupier to an invitee on a domestic site for the occupier's benefit differed from the duty owed by a highway authority to a pedestrian. Additionally, the court considered whether a new trial was warranted due to the trial judge's failure to disclose their reasoning process.

The Court of Appeal found that the trial judge had erred in their assessment of foreseeability and the applicable duty of care. The court applied principles of negligence, considering the occupier's duty to ensure the safety of those entering their property for a purpose that benefits the occupier. The court determined that the risk of a person tripping on a raised concrete lip in a driveway, particularly when carrying an object, was reasonably foreseeable. Furthermore, the court held that the trial judge's failure to adequately explain their reasoning process constituted a ground for appeal.

The appeal was allowed, and the court ordered a new trial.