City Elevator Services Pty Limited v Burrows

City Elevator Services Pty Limited appealed to the New South Wales Court of Appeal against a judgment of the Supreme Court of New South Wales. The dispute concerned an action brought by Mr. Burrows against City Elevator Services for damages for personal injuries allegedly sustained due to the negligent maintenance of a lift.

The Court of Appeal was required to determine whether the trial judge erred in finding City Elevator Services liable in negligence. Specifically, the court had to consider whether the injury sustained by Mr. Burrows was reasonably foreseeable, and whether City Elevator Services had failed to take reasonable precautions by not making adjustments to the lift mechanism prior to the accident, having regard to the principles established in *Wyong Shire Council v Shirt* or by reference to industry standards. The admissibility of an expert's report was also a relevant consideration.

The Court of Appeal found that the trial judge had erred in their assessment of foreseeability and the duty of care owed. The court determined that the injury was not reasonably foreseeable in the circumstances and that City Elevator Services had not breached its duty of care. The principles applied focused on the objective assessment of risk and the reasonableness of precautions in light of foreseeable dangers and established industry practices.

Consequently, the appeal was allowed, and the judgment of the trial judge was set aside. Judgment was entered for the appellant, City Elevator Services Pty Limited, with the respondent ordered to pay the appellant's costs of both the trial and the appeal, including a certificate under the *Suitors Fund Act 1951*.