Bujnowicz v Trustees Roman Catholic Church

The appellant, a student, sued the respondent, the Trustees of the Roman Catholic Church, for injuries sustained while playing touch football on school grounds during a lunch break. The appellant's foot became caught in a pothole, causing him to fall and sustain injury. The primary issue was whether the school had breached its duty of care to the student by failing to adequately address the risk posed by the pothole.

The court was required to determine whether the respondent owed a duty of care to the appellant, and if so, whether that duty had been breached. Specifically, the court considered whether the risk of injury from the pothole was reasonably foreseeable and whether the respondent had failed to take reasonable steps to prevent such an injury. This involved assessing whether the school should have had a system of regular and close inspection of its grounds to identify and rectify hazards.

The Court of Appeal found that the school had breached its duty of care. It reasoned that the existence of the pothole presented a foreseeable risk of injury to students engaged in recreational activities on the school grounds. The court held that the respondent ought to have had in place a system of regular and close inspection of the grounds to identify and address such hazards, and that its failure to do so constituted a breach of its duty of care.

The appeal was allowed, the verdict and orders of the primary judge were set aside, and judgment was entered for the appellant on the issue of liability. The proceedings were remitted to the District Court for the assessment of damages, with costs of the primary proceedings to be determined by the judge assessing damages. The respondent was ordered to pay the appellant's costs of the appeal, with a certificate under the Suitors' Fund Act 1951 available if qualified.