Clarke v Coleambally Ski Club Inc

The appellant, Mr. Clarke, brought proceedings against the respondent, Coleambally Ski Club Inc, alleging negligence. Mr. Clarke sustained injuries while using a ski jump at a facility operated by the Ski Club. The Ski Club held a licence to use public land for recreational purposes, and the facility was accessible to the public. The dispute concerned whether the Ski Club owed a duty of care to Mr. Clarke as an entrant to the facility and, if so, whether it had breached that duty. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were: (1) whether the Coleambally Ski Club Inc, as a licensee of public land operating a recreational facility, owed a duty of care to members of the public who entered the facility; and (2) if such a duty was owed, whether the Ski Club had breached that duty by failing to take reasonable steps to prevent the injury sustained by Mr. Clarke.

The Court of Appeal considered the principles of occupier's liability and the duty of care owed by those who control or manage premises accessible to the public. It was held that the Ski Club, by operating a facility on public land and making it available for public use, assumed a responsibility to take reasonable care for the safety of those who entered. The court examined the specific circumstances of the accident and the nature of the risks associated with the ski jump. Ultimately, the court found that the Ski Club had not breached its duty of care to Mr. Clarke.

The appeal was dismissed, and the Coleambally Ski Club Inc was awarded its costs.