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Carolan v AMF Bowling Pty Ltd

Carolan v AMF Bowling Pty Ltd

Case [1995] NSWCA 69 16 November 1995

Civil Procedure

Negligence & Tort

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Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: CAROLAN v AMF BOWLING PTY LTD T/AS BENNETTS GREEN BOWL [1995] NSWCA 69
Decision date: 16 November 1995

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Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69
Case: [1995] NSWCA 69
Decision Date: 16 November 1995

CaseChat Overview and Summary

In *Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl* [1995] NSWCA 69, the New South Wales Court of Appeal considered an appeal from a decision of the District Court concerning a claim for damages for personal injury. The appellant, Ms Carolan, had suffered injuries while bowling at the respondent's bowling alley.

The central legal issue before the Court of Appeal was whether the respondent owed a duty of care to the appellant, and if so, whether that duty had been breached, leading to the appellant's injuries. Specifically, the court had to determine if the bowling alley's premises were maintained in a reasonably safe condition for patrons, and if any alleged defect or hazard constituted a breach of the respondent's duty of care.

The Court of Appeal analysed the principles of occupiers' liability and the duty owed by a proprietor to invitees. It considered the evidence presented regarding the condition of the bowling lane and the circumstances surrounding the appellant's fall. The court applied established legal principles to assess whether the respondent had taken reasonable precautions to prevent foreseeable harm to its patrons. The appeal was ultimately dismissed, with the court finding no error in the District Court's assessment of liability.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Citations

197

AGLC Citation

Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69

Most Recent Citation

Feng v Haghparast [2023] NSWDC 310

Cases citing this decision · 50 of 197 shown

Alan K Davies Pty Ltd v Agaiby
[2025] NSWSC 1271 Para 2

…osts which will be involved are likely to swamp the money sum involved in the dispute” ( Carolan v AMF Bowling Pty Ltd (t/as Bennetts Green Bowl) [1995] NSWCA 69). The importance of there being proportionality between the monetary amount at issue in a proceeding and the costs of the proceeding was noted in Cheng a…
Hua Nan Trading Pty Ltd v The Owners - Strata Plan No 32396
[2025] NSWSC 1065

…something more than that the primary judge was arguably wrong in the conclusion arrived at: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 per Sheller JA; Zelden v Sewell [2011] NSWCA 56 at [22] per Campbell JA (Young JA agreeing). [20] Ordinarily it is appropriate to grant leave to appeal…
Gorilla Rush Pty Ltd v Fraser
[2025] NSWCA 191 Para 13

…ore than merely arguable (see, for example, Clarke v State of New South Wales [2015] NSWCA 27; Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69; Jaycar Pty Limited v Lombardo [2011] NSWCA 284; Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 and, more r…
Breen v Clough
[2025] NSWCA 144 Para 27

…per Campbell JA (Young and Meagher JJA agreeing); Gibson v Drumm [2016] NSWCA 206 at [27] per Beazley P and Simpson JA; Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 per Kirby P at 5.…
Vakiloroaya v Norri
[2025] NSWSC 672

…ate something more than that the Magistrate was arguably wrong in the conclusion arrived at: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 per Sheller JA; Zelden v Sewell [2011] NSWCA 56 at [22] per Campbell JA (Young JA agreeing). [20] Ordinarily it is appropriate to grant leave to appeal…
George Ferizis & Co Pty Ltd v Tzavaras Papasinos Pty Ltd
[2025] NSWSC 669

…something more than that the primary judge was arguably wrong in the conclusion arrived at: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 per Sheller JA; Zelden v Sewell [2011] NSWCA 56 at [22] per Campbell JA (Young JA agreeing). [20] Ordinarily it is appropriate to grant leave to appeal…
Sader v Elgammal
[2025] NSWCA 111 Para 37

…e, a matter of general importance or a clear injustice which is more than merely arguable (see Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 and Mohareb v Local Court of New South Wales [2024] NSWCA 235 at [25]).…
Shapkin v The University of Sydney
[2025] NSWCA 100 Para 31

…er Gleeson JA (Macfarlan and Payne JJA agreeing); Gibson v Drumm [2016] NSWCA 206 at [19] per Beazley P and Simpson JA; Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 per Kirby P at 3.…
Geveko Markings Australia Pty Ltd v Global Linemarking Services Pty Ltd
[2025] NSWSC 456

…something more than that the primary judge was arguably wrong in the conclusion arrived at: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 per Sheller JA; Zelden v Sewell [2011] NSWCA 56 at [22] per Campbell JA (Young JA agreeing). [20] Ordinarily it is appropriate to grant leave to appeal…
Emde v State of New South Wales
[2025] NSWCA 41

…or a reasonably clear injustice going beyond something that is merely arguable: see eg Carolan v AMF Bowling Pty Ltd (t/as Bennetts Green Bowl Ltd) [1995] NSWCA 69 per Kirby P; The Age Company Ltd v Liu [2013] NSWCA 26; (2013) 82 NSWLR 268 at [13]; see more recently eg Shapkin v The University of Sydney [2024] NSW…
Prouten v Buxton
[2025] NSWCA 36

…or a reasonably clear injustice going beyond something that is merely arguable …. [16] In Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 …, Cole JA noted the desirability that, where small claims are involved, there be ‘early finality and determination of litigation otherwise the costs whi…
Option Holdings Pty Ltd v Meng Yu
[2025] NSWCA 18 Para 23

…ns of public importance or an injustice which is reasonably clear in the sense of going beyond what is merely arguable: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 at 3 (Kirby P); Clarke v State of New South Wales [2015] NSWCA 27 at [19]. Further, leave to appeal will not be granted where the appeal is doomed to…
Zheng v Jin
[2024] NSWCA 293 Para 24

…f going beyond what is merely arguable (see Clarke v State of New South Wales [2015] NSWCA 27; Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69; Jaycar Pty Limited v Lombardo [2011] NSWCA 284; Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164). Where a d…
State of New South Wales v Meredith
[2024] NSWCA 287 Para 20

…and procedure is involved are well settled. They are to be found in cases such as Carolan v AMF Bowling Pty Ltd ( t/as Bennetts Green Bowl Limited) [1995] NSWCA 69; Re the Will of FB Gilbert (1946) 46 SR (NSW) 318 at 323; and Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc ; (1981) 148 CLR 170; [1981] HCA 3…
Michael Wilson & Partners v Emmott
[2024] NSWCA 269

…e or a reasonably clear injustice going beyond something that is merely arguable: see eg Carolan v AMF Bowling Pty Ltd (t/as Bennetts Green Bowl Ltd) [1995] NSWCA 69 per Kirby P; The Age Company Ltd v Liu [2013] NSWCA 26; (2013) 82 NSWLR 268 at [13]; see more recently eg Shapkin v The University of Sydney [2024] N…
Press v iSam Securities (UK) Ltd
[2024] NSWCA 260

…e or a reasonably clear injustice going beyond something that is merely arguable: see eg Carolan v AMF Bowling Pty Ltd (t/as Bennetts Green Bowl Ltd) [1995] NSWCA 69 per Kirby P; The Age Company Ltd v Liu [2013] NSWCA 26; (2013) 82 NSWLR 268 at [13]; see more recently eg Shapkin v The University of Sydney [2024] N…
Bevan v Bingham
[2024] NSWSC 1349

…ething more than that the primary judge was arguably wrong in the conclusion arrived at: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 per Sheller JA; Zelden v Sewell [2011] NSWCA 56 at [22] per Campbell JA (Young JA agreeing). [20] Ordinarily it is appropriate to grant leave to appeal onl…
Suchand Pty Ltd v Jonathon Kingsley Colbran and Richard Stone as Receivers and Managers of Suchand Pty Ltd
[2024] NSWCA 250 Para 13

…lic importance or a reasonably clear injustice going beyond something that is merely arguable: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 at 3 (Kirby P); see also, for example, The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 at [13]; Secretary, Department of Family and Co…
Kennedy Civil Contracting Pty Ltd (subject to deed of company arrangement) v Linx Constructions Pty Ltd
[2024] NSWCA 243

…97; [2017] NSWCA 206 at [28]; PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 at [6]. [16] In Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69, Cole JA noted the desirability that, where small claims are involved, there be “early finality and determination of litigation otherwise the costs whi…
Mohareb v Local Court of New South Wales
[2024] NSWCA 235 Para 25

…e or a reasonably clear injustice going beyond something that is merely arguable: see eg Carolan v AMF Bowling Pty Ltd (t/as Bennetts Green Bowl Ltd) [1995] NSWCA 69 per Kirby P; The Age Company Ltd v Liu [2013] NSWCA 26; (2013) 82 NSWLR 268 at [13]; see more recently eg Shapkin v The University of Sydney [2024] N…
Rahman v Zeaiter
[2024] NSWSC 1082

…W) rr 42.1, 42.15A, 98.45 Cases Cited: BHP Billiton Ltd v Dunning [2013] NSWCA 421 Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 Cat Media Pty Ltd v Allianz Australia Insurance Ltd [2006] NSWSC 790 Chaina v Presbyterian Church (NSW) Property Trust (No. 26) [2014] NSWSC Collins v Urban [201…
Lobster and Co Trading Pty Ltd v TLC Industries Pty Ltd
[2024] NSWSC 477

…re has been an injustice in the sense of going beyond it being reasonably arguable that the primary judge was in error: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69; Zelden v Sewell [2011] NSWCA 56 at [22]; Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 at [46]; GKD v Director of Department of Family & Community Serv…
Sayar v Health Care Complaints Commission
[2024] NSWSC 418 Para 13

…t Court Act 1973 (NSW) and s 101 (2) Supreme Court Act as discussed in authorities such as Carolan v AMF Bowling Pty Ltd (T/as Bennetts Green Bowl) [1995] NSWCA 69 at [3]–[5] and Toth v State of New South Wales [2022] NSWCA 185 at [12]–[14], contrary to the submission advanced by the Commission, are unlikely to be…
Hadid v State of New South Wales
[2024] NSWCA 73 Para 3

…principles that govern such applications are well established. As explained by Kirby P in Carolan v AMF Bowling Pty Ltd (t/as Bennetts Green Bowl) [1995] NSWCA 69, they include:…
Gambhir v Vision of It Pty Ltd
[2024] NSWSC 188

…h the agreement of Young JA) at [22]: “It is of some importance to reiterate the principles that were stated in Carolan v AMF Bowling Pty Limited [1995] NSWCA 69, where Sheller JA said that an applicant for leave must demonstrate something more than that the trial judge was arguably wrong in the conclusion arrived…
Dyjecinska v Step-Up Renovations (NSW) Pty Ltd
[2024] NSWSC 159

…te something more than that the primary judge was arguably wrong in the conclusion arrived at: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 per Sheller JA; Zelden v Sewell [2011] NSWCA 56 at [22] per Campbell JA (Young JA agreeing). [20] Ordinarily it is appropriate to grant leave to appe…
Schrader v Broach
[2024] NSWCA 14 Para 14

…or an injustice which is reasonably clear, in the sense of going beyond being merely arguable: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 at 2 (Sheller JA, Kirby P and Cole JA agreeing); Jaycar Pty Limited v Lombardo [2011] NSWCA 284 at [46] (Campbell JA, Young and Meagher JJA agreeing)…
Alamin v Islam
[2023] NSWCA 326 Para 49

…but to what extent is not clear. The costs of an appeal on that issue may well exceed the costs inherent in the issue ( Carolan v AMR Bowling Pty Ltd [1995] NSWCA 69).…
Attard v Rutkowski
[2023] NSWCA 314 Para 16

…atively modest amounts of money is desirable to avoid the costs exceeding the amount in issue: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 at 3 (Cole JA). Section 60 is a statutory endorsement of these principles.…
Nadeem v Bindaree Food Group Pty Ltd
[2023] NSWCA 250 Para 16

…o. This matter does not raise any issue of principle which would warrant a grant of leave: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 and Jaycar Pty Ltd v Lombardo [2011] NSWCA 284.…
Batterham v Goldberg
[2023] NSWCA 237 Para 2

…al public importance, or that there is an injustice that is reasonably clear beyond being merely arguable (see, e.g., Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69).…
Horizon Hotels Pty Ltd v Australian Secured & Managed Mortgages Pty Ltd
[2023] NSWCA 231 Para 16

…is proportionate to the importance and complexity of the subject matter in dispute”. 7. Carolan v AMF Bowling Pty Ltd (t/as Bennetts Green Bowl) [1995] NSWCA 69.…
Styles v Rowley
[2023] NSWSC 1053 Para 57

…costs which will be involved are likely to swamp the money sum involved in the dispute” ( Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69). The importance of there being proportionality between the monetary amount at issue in a proceeding and the costs of the proceeding was noted in Cheng a…
Feng v Haghparast
[2023] NSWDC 310 Para 11

…rly finality of litigation: Zelden v Henamast Pty ltd v Sewell [2011] NSWCA 56, at [22], citing Carolan v AMF Bowling Pty Ltd t/a Bennetts Green Bowl [1995] NSWCA 69.…
Dickson v Commonwealth Director of Public Prosecutions; Dickson v Commonwealth of Australia
[2023] NSWCA 175 Para 85

…f going beyond what is merely arguable (see Clarke v State of New South Wales [2015] NSWCA 27; Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69; Jaycar Pty Limited v Lombardo [2011] NSWCA 284; Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164). Where the…
Maclean v Brylweski
[2023] NSWCA 173 Para 24

…going beyond what is merely arguable (see Clarke v State of New South Wales [2015] NSWCA 27; Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69; Jaycar Pty Limited v Lombardo [2011] NSWCA 284 at [46]; Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 at [3…
Anderson v State of NSW; Perri v State of NSW
[2023] NSWCA 160 Para 18

…of going beyond it being reasonably arguable that the primary judge erred (see, for example, Carolan v AMF Bowling Pty Ltd (t/as Bennetts Green Bowl) [1995] NSWCA 69 and Lee v New South Wales Crime Commission (2012) 224 A Crim R 94; [2012] NSWCA 262 at [12] per Bathurst CJ).…
Mourched v Chief Commissioner of State Revenue
[2023] NSWSC 668

…pbell JA (Young JA agreeing) said at [22]: It is of some importance to reiterate the principles that were stated in Carolan v AMF Bowling Pty Limited [1995] NSWCA 69, where Sheller JA said that an applicant for leave must demonstrate something more than that the trial judge was arguably wrong in the conclusion arr…
Moore v Commonwealth Director of Public Prosecutions
[2023] NSWCA 153 Para 71

…of going beyond it being reasonably arguable that the primary judge erred (see, for example, Carolan v AMF Bowling Pty Ltd (t/as Bennetts Green Bowl) [1995] NSWCA 69 and Lee v New South Wales Crime Commission (2012) 224 A Crim R 94; [2012] NSWCA 262 at [12] per Bathurst CJ).…
Zepinic v Eventus Lawyers Pty Ltd t/as SLF Lawyers (No 2)
[2023] NSWSC 699 Para 159

…nciple enunciated by Campbell JA in Zelden v Sewell [2011] NSWCA 56 at [22], referring to Cole JA’s comments in Carolan v AMF Bowling Pty Limited [1995] NSWCA 69, is applicable here:…
Arjunan v Neighbourhood Association DP No 285853
[2023] NSWCA 103 Para 16

…importance or a reasonably clear injustice going beyond something that is merely arguable: Carolan v AMF Bowling Pty Limited t/as Bennetts Green Bowl [1995] NSWCA 69 at 3 per Kirby P; see also, for example, The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 at [13]; Secretary, Department of Family and…
McLachlan v Edwards Landscapes Pty Ltd
[2023] NSWSC 532 Para 3

…tigation otherwise the costs which will be involved are likely to swamp the money sum involved in the dispute”: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69, 3; Cheng at [16].…
Targeted Property Investments Pty Ltd v Look Up Technologies Pty Ltd (No 2)
[2023] NSWSC 416

…(with the agreement of Young JA) at [22]: "It is of some importance to reiterate the principles that were stated in Carolan v AMF Bowling Pty Limited [1995] NSWCA 69, where Sheller JA said that an applicant for leave must demonstrate something more than that the trial judge was arguably wrong in the conclusion arr…
El Ali v Beaini Enterprises Pty Ltd
[2023] NSWSC 329 Para 107

…ablishment of a breach of procedural fairness is enough for leave to appeal to be granted: Carolan v AMF Bowling Club Pty Ltd t/a Bennetts Green Bowl [1995] NSWCA 69 at 3.…
Colin Davidson v Seachange Living NSW Pty Ltd
[2023] NSWSC 292

…something more than that the primary judge was arguably wrong in the conclusion arrived at: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 per Sheller JA; Zelden v Sewell [2011] NSWCA 56 at [22] per Campbell JA (Young JA agreeing). [20] Ordinarily it is appropriate to grant leave to appeal…
Maclean v Brylewski
[2022] NSWCA 217 Para 3

…peal are well known and were articulated by this Court (Kirby P, as his Honour then was, Sheller JA and Cole JA) in Carolan v AMF Bowling Pty Limited [1995] NSWCA 69. At [46], Kirby P said that ordinarily it was appropriate to grant leave to appeal only concerning “matters that involve issues of principle, questio…
Lahoud v Willoughby City Council
[2022] NSWCA 214 Para 26

…In Carolan v AMF Bowling Pty Limited [1995] NSWCA 69, to which Campbell JA referred in the passage extracted above, Kirby P (as his Honour then was) recognised (at [46]) that “ordinarily it was appropriate to grant leave to appeal only concerning matters that involve issues of principle, questions of general publi…
DeMarco v Macey
[2022] NSWSC 1348

…something more than that the primary judge was arguably wrong in the conclusion arrived at: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 per Sheller JA; Zelden v Sewell [2011] NSWCA 56 at [22] per Campbell JA (Young JA agreeing). [20] Ordinarily it is appropriate to grant leave to appeal…
DJ & LJ Norman Pty Ltd v Sheather
[2022] NSWSC 1299

…97; [2015] NSWCA 206 at [28]; PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 at [6]. 16 In Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69, Cole JA noted the desirability that, where small claims are involved, there be ‘early finality and determination of litigation otherwise the costs which…
Antoniou v Jog Group Pty Ltd
[2022] NSWSC 1296

…Life Nominees Pty Ltd [1992] 2 VR 279 Bridges & Salmon Ltd v The Swan [1968] 1 Lloyd’s Rep 5 Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 Giles v Thompson [1993] UKHL 2…

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