Bray v Whitby

In *Bray v Whitby*, the New South Wales Court of Appeal considered a dispute between the appellant, Bray, and the respondent, Whitby. The case concerned an appeal against a decision of the Supreme Court of New South Wales.

The primary legal issue before the Court of Appeal was whether the respondent had breached a duty of care owed to the appellant. This involved determining whether the respondent's actions or omissions were negligent and whether such negligence caused the appellant's loss.

The Court of Appeal analysed the evidence presented and applied established principles of negligence. It considered the foreseeability of harm, the likelihood of such harm occurring, and the potential seriousness of the injury. The court also examined the respondent's conduct in light of what a reasonable person would have done in the circumstances. The appeal was ultimately dismissed.