Calin v Greater Union Organisation Pty Ltd

The High Court of Australia considered an appeal from the Supreme Court of New South Wales in a dispute between Calin and Greater Union Organisation Pty Ltd. The case concerned the plaintiff's claim for damages for personal injury sustained when she slipped and fell on a wet floor in a cinema foyer. The plaintiff alleged negligence on the part of the cinema operator.

The central legal issue before the High Court was whether the defendant had breached its duty of care to the plaintiff. Specifically, the court had to determine if the defendant had taken reasonable precautions to prevent patrons from slipping on wet floors in its cinema foyer, and if the plaintiff's injury was a foreseeable consequence of any failure to do so.

The High Court, in dismissing the appeal, affirmed the principles of negligence. It was held that a duty of care is owed by occupiers to lawful visitors to take reasonable steps to prevent foreseeable harm. The court found that the evidence did not establish that the defendant had failed to take reasonable precautions. The presence of a wet floor, in the absence of evidence of its duration or the defendant's knowledge of it, was not sufficient to establish negligence. The court emphasised that the onus was on the plaintiff to prove that the defendant had breached its duty of care by failing to take reasonable steps to avoid a foreseeable risk of injury.

The appeal was dismissed.