Connells Point Rovers Soccer Club Inc v Langham

[2006] HCATrans 376

[2006] HCATrans 376

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S33 of 2006

B e t w e e n -

CONNELLS POINT ROVERS SOCCER CLUB INCORPORATED

Applicant

and

ANGELA LANGHAM

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 2 AUGUST 2006, AT 10.00 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of New South Wales, allowing an appeal from a decision of the District Court of New South Wales.

The respondent was injured when she tripped over a low‑slung rope, used to demarcate the edge of a car‑park adjoining a sporting field.  The respondent sought damages for breach of duty by the applicant as occupier.  In the District Court the respondent’s claim was dismissed; the respondent succeeded on appeal to the Court of Appeal.

The Court of Appeal concluded that the trial judge had erred in determining the question of the applicant’s breach of duty by reference to whether or not the respondent had taken reasonable care for her own safety.  In this respect, the Court of Appeal applied settled principles and we see no reason to doubt the correctness of its decision.

The applicant’s written submissions raise no arguable question of law which would warrant the grant of special leave.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish that disposition.

AT 10.01 AM THE MATTER WAS CONCLUDED