Cherry v Jaymardo Pty Ltd t/as Howzat Indoor Sports and Fitness World

In *Cherry v Jaymardo Pty Ltd t/as Howzat Indoor Sports and Fitness World* [1998] NSWCA 57, 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 Cherry, had suffered injuries while participating in a game of indoor cricket at the respondent's facility.

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. Specifically, the court had to determine if the respondent had taken reasonable steps to prevent foreseeable injury to participants, particularly in relation to the condition of the playing surface and the provision of adequate safety measures.

The Court of Appeal analysed the principles of occupiers' liability and the duty owed by a proprietor of a sports facility to its patrons. It considered the foreseeability of the risk of injury and whether the measures taken by the respondent were sufficient to discharge its duty of care. The court ultimately found that the respondent had breached its duty of care to the appellant, as the condition of the playing surface presented a foreseeable risk of injury that had not been adequately addressed.

The appeal was allowed, and the matter was remitted to the District Court for an assessment of damages.