Black Head Bowling Club Ltd v Harrower

The appeal concerned a tragic incident where a child was killed by a memorial headstone that fell on her at the Black Head Bowling Club. The Black Head Bowling Club Ltd appealed a decision that found it liable in negligence. The court was required to determine whether the Club owed a duty of care to ensure the monument's fixation was sound, whether it breached that duty by failing to test its stability, and whether its liability should extend to the stonemason who constructed the monument. Additionally, the court considered whether the primary judge erred in refusing to allow admissions made in defences to be withdrawn.

The court allowed the Club's appeal on one specific ground, but otherwise dismissed the appeal. In a cross-appeal by the plaintiffs, the court allowed it. The court set aside previous orders and entered judgment in favour of the plaintiffs against Mr Edstein, the stonemason, for agreed damages. Crucially, the court ordered that both the Black Head Bowling Club Ltd and Mr Edstein were to contribute 50% each to the agreed sum of damages payable to the plaintiffs, pursuant to section 5 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW).