Calin v The Greater Union Organisation Pty Ltd

The appellant, Calin, brought proceedings against the respondent, The Greater Union Organisation Pty Ltd, seeking a new trial. The dispute arose from events that occurred both at the original trial and during the hearing of the appeal. The case was heard in the High Court of Australia.

The primary legal issue before the High Court was whether the appellant was entitled to a new trial due to a misdirection by the trial judge regarding the standard of care applicable to a contractual entrant. A further issue was whether it was appropriate for this point to be raised on appeal, notwithstanding that it was not specifically taken at the trial or in the Court of Appeal. The appellant contended that the trial judge misdirected the jury on the relevant standard of care.

The appellant argued that the standard of care applicable to a contractual entrant, as determined in *Watson v George* (1953) 89 CLR 409, remained the governing principle. This standard implies a warranty that the premises are as safe for the purpose as reasonable care and skill on the part of anyone can make them. The appellant sought to persuade the High Court that it was appropriate to permit the point of misdirection to be raised on appeal, despite the failure to bring the judge's attention to it at the trial.